JYOTI KEWAT Vs. STATE OF M P

JUDGEMENT

(1.) GONE are the days of yore when the mythical King Sagar was instrumental in procreation of 60,000 sons who were burnt to ashes by the wrath of Kapil Muni and the great devotee King Bhagirath, by his incomparable and inimitable penance, brought Goddess Ganges from the heaven for their salvation. The presentation may be a myth, a symbol or a metaphor or an image to convey an idea or it may be a portrayal of a larger than life situation to strike home a point. The phenomenon as has been depicted may be accepted in a symbolic manner but it cannot be literally construed either to give a denotative meaning or a connotative expanse for the simon pure reason that no one by whatever reason, at present, be permitted to get himself or herself engaged in procreation of this magnitude as that would lead to untold and unimaginable cataclysm and catastrophe.

(2.) AT this juncture I may clarify at the cost of repetition that the purpose of putting forth the aforesaid myth is only to indicate that a distinct scene has emerged in the last few decades in "bharat" where the primary duty of every citizen has been emphasized to have limited number of children. The welfare state has taken number of measures to facilitate the said action so that the country is not overblown by the growth of population perpetuating maladies like non-availability of nutritious food, non-getting of proper hygienic living atmosphere, non-employment and violence to nature. The active and effective step taken by the State Government is Family Planning and in this planning numerous facets are highlighted to curtail the growth of population by lessening the procreation of the off-spring beyond a particular number. One such measure is introduction of operation on the husband - the male sterilization. In medical terminology it is called Vasectomy. The centrum question that arises for adjudication in the present writ petition if the operation results in failure whether the wife who has been compelled to bear a child despite of her desire, because of the trust reposed in the consequence of operation would be entitled to damages or compensation or should she suffer the ignominy and indignity by hearing unwarranted whispered comments from the collective ? Should the State as well as the operating surgeon be allowed to get off scot-free ?

(3.) PRESENTLY to the factual setting. The petitioner who had already given birth to two children, a son, named Amit and a daughter, named Neelu, amicably decided with the consent of her husband not to have any more children as they felt it was extremely difficult on their part to provide appropriate facilities to the already begotten children. To concretise the decision taken, as per the scheme floated by the State Government, the husband of the petitioner, Sharda Prasad, decided to undergo the Vasectomy operation. The operation took place on 14-11-1996 at the Medical College, Jabalpur and the same was carried out by the respondent No. 2. The certificate bearing registration No. 2266 indicating that the operation had taken place on 14-11-1996 has been brought on record as per Annexure P-l. After the operation the husband of the petitioner carefully and scrupulously followed the advice rendered by the doctor. Despite the care taken by the spouse of the petitioner the trouble cropped up and the petitioner got herself examined. It was perceived that she was pregnant and eventually a female child was born on 30-11-1998. The petitioner prayed to the authorities of the Medical College complaining that she was facing immense trouble in the society and had been mentally anguished and physically affected. The doctors gave a mechanical reply that due to the failure of the operation the child was born. They prescribed certain medicines and assured that she would not pave on the path of procreation in the future. The petitioner felt assured but the assurance given by the doctors died early and she again became pregnant and another child was born on 16-10-1999. The birth certificate issued by the Government Medical College Hospital, Jabalpur in the Department of Obstetrics and Gynaecology has been brought on record as Annexure P-3.