ASHA Vs. STATE OF U P AND ORS

JUDGEMENT

(1.) We have heard learned Counsel for the Petitioner.

(2.) It is alleged that the Petitioner is a married lady with three children. She conceived even after the sterlisation operation was performed on her, at the Community Health Centre, Naraini, Distt. Banda on 27.12.2007 and has given birth to a female child on 27.7.2010. She belongs to a marginal farmer's family and is unable to look after the welfare of the child, which was not planned by her. The Respondents are liable to compensate the Petitioner and her husband for the cost of brining up the unexpected child in the family for which the couple took precaution, to get her operated.

(3.) In State of Haryana and Ors. v. Smt. Santra, 2000 AIR(SC) 1888 the Supreme Court laid down the principle, on which the compensation in such case can be awarded. It was held that the statutory liability to maintain the child does not operate as bar in claiming damages on account of tort of medical negligence and not carrying out sterlisation operation with due care and responsibility. The statutory as well as personal liability of the parents to maintain their children arise on account of the principle that if a person has begotten a child, he is bound to maintain it. The claim of damages in tort on the contrary is based on the principle that if any person has committed civil wrong, the system must pay compensation by way of damages to the person wronged.