RUKMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner seeks damages for her unwanted pregnancies, alleging medical negligence on the part of the Doctors working in the second respondent -Hospital, in performing sterilisation operation on her.

(2.) Even though the issue appears to be very simple to state, the point raised is novel and important.

(3.) The material facts as put forth by the learned counsel for the petitioner are as follows: The petitioner having married in the year 1986 gave birth to a daughter and son by names Ammu and Dharman respectively. The petitioner and her husband are poor agricultural labourers and earn meager wages. Finding it difficult to meet the expenses for their livelihood, they decided to have family planning. Accordingly, they approached the second respondent hospital and sterilisation operation was performed on 10.10.1988. But, surprisingly, the petitioner became pregnant in the year 1992 and gave birth to a third child, a girl by name Malini, and yet again conceived and gave birth to a fourth child, a son by name Vishnu, on 4.10.1995, and therefore, she once again underwent sterilisation on 4.10.1995, when she gave birth to the fourth child. The petitioner complains that she and her husband being poor agricultural labourers, they could not maintain the family and lead a decent and dignified life attracting Article 21 of the Constitution of India. Hence, the petitioner had preferred this writ petition for issue of a writ of Mandamus to direct the second respondent hospital to pay compensation of Rupees ten lakhs to her.