JUDGMENT

K.S. Radhakrishnan, J

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.

4. We were informed, both Saba and Farha had earlier attended to by Dr. Benjmin Carson, a U.S. Specialist who had noticed that they shared a vital blood vessel in the brain and that Farha had two kidneys while Saba had none. Earlier also medical experts had ruled that separating Saba and Farha would require 5 or 6 operations over nine months, but each stage held a one-in-five chance that either of the girls might die. Consequently, the family had decided to go against any operation, even though it was reported that crown prince of Abu Dhabi, Sheikh Mohammed bin Zayed, offered to meet the entire medical expenses.

5. We heard the matter on 30.7.2012 and directed the Chief Secretary of Bihar to make arrangements to bring CTs to AIIMS, New Delhi by an Air Ambulance. Direction was also given to constitute a medical team to examine them and to take up further follow up action. Arrangements were also made to take parents along with them at the expenses of the State for their treatment. The parents were, however, not agreeable to that arrangement but only wanted financial assistance to look after CTs.

6. The AIIMS medical team, New Delhi in compliance of this Court order dated 21.8.2012 reached Patna on 21.10.2012 to examine CTs. After examining, they submitted the following report dated 31st October, 2012 before this Court, which reads as under:

“As per the Supreme Court orders in Writ Petition (Civil) No.232 of 2012 and instructions of the AIIMS administration, the following doctors team from AIIMS visited Patna, Bihar on 21.10.2012 to examine the conjoint twins Saba and Farah both female age 15 years D/o Rabia Khatoon.

1. Prof. M.V. Padma, Professor of Neurology

2. Prof. Arvind Chaturvedi, Professor of Neuro-anaesthesia

3. Dr. S.K. Kale, Additional Professor of Neuro-surgery

After discussion with Mr. S. Luthra, Additional Solicitor General, the report submitted earlier is elaborated as under:

According to the brother of the patients one of the twins does not have kidneys, and the twins between their brain have one common sagittal sinus (biggest vein). There is no evidence/investigation to either prove or disprove these statements made by the brother.

1. The risk involved in the operation to separate the conjoint twins (Craniopaguys) Saba and Farha cannot be elaborated without investigations. The statements made by the brother regarding kidneys and the sagittal sinus also need extensive investigations.

2. The investigations will have to include CT scan, MRI, MRI Angiography, 4Vessel IA DSA and investigations for other organ functions, and can be performed by experts at AIIMS.

3. These investigations have their own risks.

4. The parents and the brother are not willing