- (1.) S. H. A. Raza, J. The greatest danger to this Country comes from the population explosion. Inspite of the developmental activities during the last fifty years, our industrial production has considerably increased. Due to the green revolution which has ushered mostly in those areas where proper irrigation facilities were made available, the food production has not only increased but India has become more or less self reliant. It is a matter of great pleasure for all the Indians that India although often imports oil seeds and foodgrains, but also export foodgrains particularly rice, but inspite of that fact our export is much below than the export of Hong Kong, which a Century before was a small island. Its export has increased to such an extent that this country having a population of hundred crores is unable to surpass even Hong Kong.
(2.) WHATSOEVER development has taken place in industrial and agriculture sector, its effect become negligible due to population explosion. In view of the aforesaid reasons the Government of India with the assistance of World Health Organisation and other agencies has launched vigorous campaign for family planning. The family planning movement is publicised in the media and incentives are given to those who get them operated, so a child is not born even if the husband and wife perform their marital obligations. With this prelude we have to examine the factual matrix of the case as set out in the writ petition. Smt. Shakuntala Sharma and her newly born child Vickey have filed this petition praying for issue of a writ in the nature of mandamus commanding the State of U. P. to pay them a sum of rupees ten lakhs as compensation for the indignities and loss of reputation which they have suffered on account of birth of a child who was never wanted, inspite of the fact that her husband Sri Ghanshyam underwent vasectomy operation.
(3.) SMT. Shakuntala was married to Ghanshyam about twenty five years back. Out of the wedlock of the petitioner and her husband three children (two sons and a daughter) were born. SMT. Shakuntala and her family were enjoying happy and peaceful life. On account of the blitz krieg launched in the media for family planning, the husband of the petitioner got himself operated, which is termed as "vasectomy Operation", at District Hospital, Sitapur on 4-11- 1989. One Dr. Zaheer Hasan, Surgeon District Hospital, Sitapur conducted the operation which is evident from the certificate issued by the Hospital. According to the petitioner she was led to believe that after the said operation no child would be born, but even after the said operation, the petitioner No. 1 became pregnant. After coming to know this fact she was mentally disturbed. Her reputation in the family as a devoted Hindu wife became suspicious. Even her husband started doubting about the character of the petitioner No. 1. Her relations with in- laws became strained. The comments and remarks of their neighbours became unbearable and she had to live under mental agony and torture.;