SC won’t order twins’ separation as parents say no

The Supreme Court has refrained from passing an order on the medical examination and surgery of conjoined twins from Bihar as their parents are against it.

Written by Utkarsh Anand | New Delhi | Published: April 11, 2013 12:46 am

The Supreme Court has refrained from passing an order on the medical examination and surgery of conjoined twins from Bihar as their parents are against it.

The court could not issue a directive to ascertain through medical tests if Saba and Farah,or at least one,can live after surgery since their parents oppose any medical procedure,a bench led by Justice K S Radhakrishnan said Wednesday.

The twins are joined at the head and share a vital blood vessel in the brain. Farah has two kidneys,Saba none. The girls are confined to their bed mostly and suffer from acute pain and sleeplessness. Their parents fear they would die during medical tests and hence have turned down a court’s suggestion to fly them to AIIMS in Delhi for this purpose.

The girls’ plight came to apex court’s notice when Arushi Dhamsana,a law student,petitioned for financial aid and medical facilities. “We are sorry to note that nobody is concerned with the pain and agony the twins are undergoing,not even the parents. What they want is financial help as well as palliative care. No positive direction can be given in the absence of an expert medical opinion indicating that either of them can be saved due to surgical operation or at least one,” the court said. It,however,said the minor twins can approach it if they so wished after they attain adulthood.

Meanwhile,Civil Surgeon of Medical Centre in Patna will periodically examine the girls and report his findings to AIIMS,the court directed. It said,“Bihar is directed to meet the medical expenses of Saba and Farah and pay a consolidated amount of Rs 5,000 every month. Bihar is directed to move this court for further directions so better and more scientific and sophisticated treatment can be extended to them.”

The bench tested various principles of law on whether it could override the parents. “If there is an authentic medical report that the life of one could be saved,due surgical operation,otherwise both would die,we would have applied the ‘least detrimental test’ and saved the life of one,even if parents are not agreeable,” it said.

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