Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.

1. This Writ Petition has been filed, praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to grant compensation to the petitioner for the negligence in performing the Family Planning Operation by the 3rd respondent within a time stipulated by this Court.

2. According to the petitioner, she was residing at Tamil Nagar, Aralvaimozhi Post, Kanyakumari District and she was already blessed with two female children. While giving birth to second child, the petitioner had undergone Tubectomy operation under the supervision of 3rd respondent, who also issued Sterilization Certificate to the petitioner. On 5.4.2017, the 3rd respondent examined the petitioner and found that she was conceived since the Tubectomy operation got failed and the 3rd respondent also endorsed the same in the patient case sheet of the petitioner. Hence, on 18.07.2017, the petitioner sent a detailed representation to the respondent, seeking compensation of Rs.10,00,000/- and pursuant to her representation, she also appeared for enquiry on 30.08.2017 before the 3rd respondent and in the meanwhile, she gave birth to a girl baby on 29.09.2017. The grievance of the petitioner is that since she begotten three children, she lost the benefit under Government Scheme provided for female children and thereby, the daughters of the petitioner were deprived of the benefits and they are put to financial hardship since the petitioner and her husband are not in a position to bear the expenses towards maintenance, education and marriage of the children. Despite the representation since no response was forthcoming, the petitioner has come forward with the present Writ Petition, seeking compensation for the negligence on the part of the 3rd respondent.

3. A counter affidavit has been filed on behalf of the 4th respondent, wherein, while denying the averments made in the writ petition, it is stated that the petitioner was explained about the family planning operation and its pros and cons, viz., about chances of failure and post operative complications, etc. and after getting the consent from the petitioner as well as her family members, the petitioner was conducted LSCS with Sterilization operation. The petitioner also gave undertaking before undergoing the family planning operation to the effect that she knows about the family planning operation which may fail some time for which, the doctors and hospital authorities are not responsible and there is danger to her health to some extent if she undergoes family planning operation and that she would inform to the hospital authorities within two weeks if she does not get her menstruation after undergoing the operation and she agrees to abort the fetus at free of cost in the hospital, and that she receives the compensation as per the Scheme in case of failure of operation etc. Therefore, having agreed to the terms, the petitioner is estopped from making any claim for compensation towards negligence on the part of the 3rd respondent, which cannot be sustained. Further, the petitioner did not obey the doctor's advise to inform the hospital authorities within two weeks if she does not get her menstruation and it is note know whether the petitioner has strictly followed the prescriptions and advice given by the hospital authorities. The petitioner has not approached the hospital authorities within 90 days from the date of knowledge of failure of family planning operation. However, as per the Scheme, the petitioner can claim only for a sum of Rs.30,000/- only. It is also stated that by knowing full well about the risk involved in the family planning operation, the petitioner had given consent to under