In a heart-wrenching legal battle that has exposed the struggles of a brown Christian family, a 19-year-old Indian-origin woman, Sudiksha Thirumalesh, has been named after a long-standing court order was lifted. Sudiksha suffered from a rare mitochondrial disorder, and her family found themselves embroiled in a dispute with an unnamed NHS Trust in the UK over the course of her treatment, including whether she should be moved to palliative care.
Sudiksha, an A-level student, had expressed a strong desire to travel to North America for a potential clinical trial described as “experimental.” She was a fighter who communicated reasonably well with her doctors and told a psychiatrist, “This is my wish. I want to die trying to live. We have to try everything.” However, there was a significant disagreement between her family and the Trust with respect to her care and what was deemed to be in “her best interests.”
The court had heard that Sudiksha was “actively dying” and experiencing severe respiratory episodes. Lawyers for the Trust argued that her condition was deteriorating rapidly, rendering her unfit for the experimental treatment she sought. Tragically, Sudiksha passed away on 12 September following a respiratory and cardiac arrest.
The heartrending story of Sudiksha Thirumalesh encapsulates a deeply troubling aspect of the Western healthcare system—a system that sometimes fails to listen to the wishes and viewpoints of patients, especially those from diverse cultural backgrounds.
Sudiksha’s family had to navigate a web of legal restrictions and challenges. They were prevented from publicly discussing their case or raising funds for her potential treatment overseas, illustrating the challenges faced by brown and minority communities in the West. It is a narrative that echoes broader concerns about the unequal treatment of individuals based on their ethnicity, religion, or cultural background.
The family’s lawyer, Bruno Quintavalle, emphasised that the Thirumalesh family faced “very far-reaching” restrictions, even preventing them from discussing Sudiksha’s case privately with friends. The secrecy surrounding the proceedings only fuelled public concerns about transparency and justice.
Sudiksha’s brother, Varshan Chellamal Thirumalesh, spoke out after the court decision, shedding light on the family’s ordeal. He stated, “We have been gagged, silenced, and most importantly, prevented from accessing specialist treatment abroad for Sudiksha. Had she been allowed to seek nucleoside treatment six months ago, it may well be that she would still be with us and recovering.”
In a system where decisions were made for Sudiksha despite her ability to communicate her wishes, the family’s fight for justice became an uphill battle. Even when Sudiksha was capable of expressing her desires, her voice was seemingly unheard.
The Thirumalesh family’s story is a stark reminder that disparities persist in healthcare systems in the West, and these disparities often disproportionately affect non-White communities. Despite being Christians, the West appears to see families like the Thirumalesh’s and patients with a racial lens.
The tragic case of Sudiksha Thirumalesh calls for a reexamination of how healthcare systems approach the wishes and beliefs of individuals from diverse backgrounds and highlights the urgent need for greater transparency and understanding in medical decision-making.
Let us examine a couple more cases where Indian families have suffered at the hands of Western establishments because of the lack of consideration for our cultural diversity.
Baby Ariha Shah (Germany)
The Baby Ariha Shah case in Germany revolves around Ariha Shah and her parents, Dhara and Bhavesh Shah, of Indian origin. Ariha was placed in foster care in Germany amid allegations of abuse by German authorities in September 2021 when she was barely 7 months old. Subsequently, investigations into charges of “sexual assault and harassment” were initiated against her parents. However, in December 2021, a hospital examination cleared the Shahs of wrongdoing, resulting in the case being dropped without formal charges. Despite extensive efforts by the Indian government, the case remains unresolved, highlighting concerns about the treatment of immigrant families in child welfare cases. To this day, Ariha is away from her parents.
The Bhattacharya Children (Norway)
The Bhattacharya Children Case in Norway involves Anurup Bhattacharya, Sagarika Chakraborty, and their two children. The couple faced child protection authorities’ scrutiny over their parenting practices, including allegations of minor disciplinary actions. This led to the removal of their children from their custody, triggering a prolonged legal battle and diplomatic tensions between India and Norway. Sagarika Chakraborty’s determined fight ultimately resulted in the return of her children, but the case exposed Norway’s child protection policies and raised questions about their handling of immigrant families.
Savita Halappanavar Abortion Case (Ireland)
In 2012, a pregnant and in pain Savita Halappanavar was denied an abortion due to Ireland’s laws based on Catholicism. Savita and her husband had returned to the hospital after Savita’s severe pain, and upon learning she was miscarrying, they made three requests for an emergency termination. Despite Savita’s tears and pleas, they were met with refusals. She developed sepsis and died. Her death ignited a social movement leading to Ireland’s 2018 referendum, which repealed the Eighth Amendment, legalising abortion.
These cases collectively emphasise the challenges faced by non-white, Indian-origin families, in Western countries. They underscore the need for increased awareness of racial bias, cultural sensitivity, and the importance of fair and equitable treatment within legal and social systems. These families’ stories serve as a stark reminder of the complexities and injustices that can arise within healthcare and child welfare systems when cultural diversity is not adequately considered.
