STATE OF KERALA Vs. SANTHA AND ORS.

JUDGEMENT

(1.) Important issues relating to failed sterilisation surgeries conducted in government hospitals or under government programmes are the focal issues for decision in these appeals, which arise from the decree and judgment in a suit for damages instituted by an economically marginalised woman who underwent a mini lap sterilisation surgery in a government hospital, and, thereafter, bore a fourth child, much against the firm belief she entertained, on the basis of the assurance given by the government through its proclamations and by the doctor, that she would not conceive after that surgical sterilisation process. We proceed referring to the parties, going by their status before the court of first instance.

(2.) During the course of hearing of these appeals, we had enquired about the affairs of the plaintiff's fourth progeny, begotten after the allegedly failed procedure. By affidavit sworn to by the plaintiff later, it is stated that, unfortunately, that child, Vishnu, died on 15.5.2008, owing to cardiac problems. In that affidavit, she has also attributed the fate of the child as relatable to the unwanted fourth pregnancy and has further stated the mental agony of the parents on the loss of that child.

(3.) Heard Adv. K.G. Balasubramanian on behalf of the plaintiff and the learned government pleader Adv. Noble Mathew and the learned government pleader who appeared thereafter, for the State.