Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Craniopagus Twins Human rights |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Human rights - Craniopagus Twins (CTs), two minor girls 'S' and 'F' - Parental consent not forthcoming either for investigation or for surgical operation - Duty of the Court - Right to life - Right to bodily integrity - Wardship Jurisdiction .. Exercise of - Application of "least detrimental test" - Held: The Court has to adopt a balancing exercise - First and foremost consideration of the Court is "welfare of the children", which overrides the views or opinions of the parents - Parents of 'S' and 'F' are against carrying on any investigation as well as surgical operation but, 'S' and 'F' being ward of the Court, the Court has got a responsibility to find out whether it is possible to save both and if not, at least one, for which , investigations are necessary - Intrinsic value of both 'S' and 'F' is equal, but when medical investigation is carried on, a balance sheet has to be drawn up of the advantages and disadvantages which flow from the performance or the non- performance of a surgical treatment - If the balance shifts heavily in favour of one, that has to be accepted, otherwise, both will sink and die - Proper medical invesstigation could not be carried out by the medical team of AlIMS, mainly, because of the parental opposition - Medical team of AIIMS could not come out with a solution, they were apprehensive of the fact that the investigations had their own risk and had also opined that detailed medical treatment would be possible only after thorough investigation - No positive direction can be given in the absence of an expert medical opinion indicating that either of 'S' and 'F' can beĀ· saved due to surgical operation or at feast one - Directions issued considering the facts and circumstances of this case - Constitution of India, 1950 - Article 21. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 231 |
Petitioner | Aarushi Dhasmana |
Respondent | Union Of India And Others |
SCR | [2013] 5 S.C.R. 371 |
Judgement Date | 2013-04-10 |
Case Number | 232 |
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