AARUSHI DHASMANA Vs. UNION OF INDIA

JUDGEMENT

(1.) We are, in this case, concerned with the fate of Saba and Farha, Craniopagus Twins (CTs) and their survival, unless subjected to surgical separation.

(2.) Saba and Farha, CTs, both female, are minors, togetherness, of course, will not bring joy to them or to their parents, to the family members or the people at large who happen to see them or heard about them. The doors of this Court have been knocked by a good Samaritan and since this Court has a fundamental duty to look after the interest of minor children, especially when they are CTs, fighting for their lives. We spent sleepless nights to find out a solution. Seldom society cares or knows the mental and psychological trauma, in such situations, Judges undergo, especially, when they are called upon to decide an issue touching human life, either to save or take away.

(3.) We are in this case concerned with lives of two minor girls, placed in an unfortunate, calamitous and infelicitous situation. CTs are conjoined twins who are fused at the cramium. Medical science says that at least 25% of the CTs may survive and can be considered for a surgical separation, especially due to advances in medicine, including brain imaging, neuro-anaesthesia and neuro surgical techniques, but risk is always there.