AARUSHI DHASMANA versus UNION OF INDIA AND OTHERS

AARUSHI DHASMANA versus UNION OF INDIA AND OTHERS

In the absence of an authentic medical report indicating either twin can be saved by surgery, and with parental opposition preventing investigation, the Court cannot direct surgical operation, but must prioritize welfare of the children as wards by ensuring periodic medical care and financial support, applying wardship jurisdiction.

Parties
Petitioner: Aarushi Dhasmana; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
10 April 2013
Procedural Posture
Writ Petition (civil) No.232 of 2012 / Final Disposition
Outcome
Writ petition disposed of.
Legal Topics
Conjoined Twins, Wardship Jurisdiction, Parental Consent, Right to Life, Right to Bodily Integrity
Human Rights Law Medical Law Family Law Constitutional Law Conjoined Twins Wardship Jurisdiction Parental Consent Right to Life +1 more

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Parties

Aarushi Dhasmana

Petitioner

Union of India and Others

Respondents

Procedural Posture

Writ Petition (civil) No.232 of 2012 / Final Disposition

Legal Issues

  1. 1 Can the Court override parental refusal of consent for medical investigation and surgical separation of Craniopagus twins?
  2. 2 What is the Court's duty regarding welfare and best interests of minor wards when parental opposition exists?
  3. 3 Is there a duty to apply the 'least detrimental test' to save at least one life when both are at risk?

Ratio Decidendi

In the absence of an authentic medical report indicating either twin can be saved by surgery, and with parental opposition preventing investigation, the Court cannot direct surgical operation, but must prioritize welfare of the children as wards by ensuring periodic medical care and financial support, applying wardship jurisdiction.

Court Disposition

Writ petition disposed of.

Orders

  • Civil Surgeon, Medical Centre, Patna to periodically examine Saba and Farah and send quarterly reports to AIIMS, which will make suggestions based on Patna investigations.
  • State of Bihar to meet all medical expenses and pay consolidated Rs.5,000/- monthly for care of Saba and Farah.