LAWS(BOM)-2000-6-53

KUPRANJALI Vs. CHIEF SECRETARY UNION OF INDIA

Decided On June 08, 2000
Kupranjali Appellant
V/S
Chief Secretary Union Of India Respondents

JUDGEMENT

(1.) THIS petition with the consent of the both sides is taken up for hearing as it involves facts giving exposure to a rather pathetic consideration.

(2.) THE petition has been filed through the mother as the petitioner Ku. Pranjali is herself a girl of about 10 years of age, she is suffering from an ailment of a serious type and the treatment given to her so far yielded no relief to her. The ailment is described to expose the petitioner to the agonies with the thought of ending her life for hovering' around her, she therefore through her mother asks for a permission to receive mercy killing to put a full - stop to her sorrowful condition and also because of a further inability of the family to defray expenses for her ailment, to be cured.

(3.) THEIR unanimous submissions need no further examination except the fact that under the established law together with the right to live having been visualised by us as constitutionally recognised and approved alongwith the fact that the petitioner herself being a minor she is notable to make up her mind one way or the other and in respect of this subject her mother could not have taken a decision for and on her behalf for the prayer of this kind and therefore, we are clear in our view that any such permission as sought is unthinkable and could not have been granted by the court. We refuse to consider the request for permission for a mercy killing.