LAXMI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners by this writ petition seek award of compensation of Rs.3,50,000/- against respondents 1 & 2 for a failed sterilization operation and birth of an unwanted child.

(2.) Petitioner No.1 is the wife and petitioner No.2 is her husband. Petitioners married under Hindu rites in February,1992. Petitioner No.1 between 1992 till 1998, gave birth to two sons and one daughter. Petitioner No.2 is a night watchman in a locality and collects contributory small monthly amounts from residents of the locality. The income is irregular and uncertain.

(3.) Petitioners facing financial difficulties with meagre income and three children, decided not to have any more children. Petitioners opted for sterilization of petitioner No.1. A tubectomy operation was performed on petitioner No.1 by the doctor of respondent No.2 in respondent No.2 hospital on 7.3.2000. A certificate to this effect was also issued.