NAGPUR, JUNE 11: The Nagpur bench of the Bombay High Court has rejected the plea of a woman, seeking mercy killing of her 10-year-old daughter, a patient of suspected cancer, on the grounds that the girl has been going through tremendous pain for the last two years.
Adopting a humane approach, the division bench, comprising Justices S P Kulkarni and P S Bramhe, ordered on Thursday that the girl be treated at government expense at the Rashtrasant Tukdoji Maharaj Cancer Hospital here.
The bench was responding to a letter by the woman, Shobhatai Ganesh Rohi, seeking permission for mercy killing of her ailing daughter, Pranjali, or the latter’s treatment at the expense of the government as she was poor, illiterate and in no position to afford the surgery advised by doctors.
Mother of three daughters, the 30-year-old Shobhatai resides at Achalpur in Amravati district, about 200 km from here, and ekes out a living out of an odd agricultural labour job. Her daughter, Pranjali, is a fourth standard student of Anand Primary School at Chandur Bazaar where she stays with her grandfather, Kashinath Daulatrao Bodkhe.
In her letter, Shobhatai stated that Pranjali was going through unbearable pain owing to pus formation in the ear. For the last two years, she has been bearing the sight of her daughter writhing in pain and neither she nor her jobless husband were able to help her in any way. Realising the plight of her parents, Pranjali often expressed desire to die in a bid to get rid of her woes.
The letter further stated that Pranjali’s case was referred to the Leprosy Treatment Centre at Kathora in Achalpur tehsil. After inspecting the girl the medical authorities at the centre have suspected it to be a case of cancer and advised Shobhatai to get a surgery performed on her daughter.
Treating the letter as a criminal writ petition, the court observed that the question of granting permission for mercy-killing does not arise as it was unthinkable. The court appointed noted lawyer M R Daga as amicus curiae, to assist it in the matter. Daga observed in his submission that mercy-killing was unconstitutional.
The court directed the tehsildar and police station officer of Chandur Bazar to inform Shobhatai that if, after diagnosis, Pranjali was found suffering from cancer, she would be admitted to RST cancer hospital here and all her treatment would be free.
If this was acceptable to her, the two officers would provide free transport to bring the girl to the Government Medical College at Nagpur, the court observed.
The court has further directed that the whole arrangement should be made within a week and the two officials would report back the compliance to the court.