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Where a poor woman conceives and gives birth to an unwanted child owing to a negligently performed…

In State of Haryana v. Smt. Santra (2000), a negligently incomplete sterilisation at a government hospital led to an unplanned birth. The doctor was liable for negligence…

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Where a poor woman conceives and gives birth to an unwanted child owing to a negligently performed sterilisation operation at a government hospital, the State and the negligent doctor are liable in tort to pay damages for the maintenance and upbringing of the child. This principle was laid down by the Supreme Court in:

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In State of Haryana v. Smt. Santra (2000), a negligently incomplete sterilisation at a government hospital led to an unplanned birth. The doctor was liable for negligence and the State was vicariously liable for damages relating to the child's upbringing.

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