Gujarat HC rules against Army jawan Rajesh Laljibhai Patel's plea
Gujarat HC ruled against an Army jawan's plea, ending the legal battle started by his mother, after she conceived him despite undergoing sterilization.
By Saeed Khan, TNN | Updated:
AHMEDABAD: He fought against his own birth, and lost. Last week, Gujarat high court ruled against Army jawan Rajesh Laljibhai Patel's plea, ending a 28-year-old legal battle started by his mother, Vijuben, after she conceived him despite undergoing sterilization.
Vijuben had opted for the operation in 1979 during a camp organized by the district panchayat in Gujarat's Surendranagar district. Six years later, she gave birth to Rajesh, her fifth child. When Rajesh was two years old, Vijuben filed a civil suit alleging medical negligence and demanded maintenance from the government for the child.
Rajesh was also made a plaintiff in the suit which sought Rs 50,000 for his upbringing. In 1992, a lower court ordered local authorities to pay Rs 25,000 to Vijuben, a decision reversed first by the Surendranagar district court in 2005 and now by the HC.
The district panchayat argued before the court that Vijuben could have opted for abortion if the pregnancy was unwanted. They also submitted that Vijuben had signed a consent form that warned of a 2% failure rate in such operations.
The district court quashed the lower court's order and asked the Patel family to return the compensation in December 2014. By then, Vijuben and her husband had passed away. Rajesh, now 30 years old, had joined the Army as a jawan.
Vijuben had opted for the operation in 1979 during a camp organized by the district panchayat in Gujarat's Surendranagar district. Six years later, she gave birth to Rajesh, her fifth child. When Rajesh was two years old, Vijuben filed a civil suit alleging medical negligence and demanded maintenance from the government for the child.
Rajesh was also made a plaintiff in the suit which sought Rs 50,000 for his upbringing. In 1992, a lower court ordered local authorities to pay Rs 25,000 to Vijuben, a decision reversed first by the Surendranagar district court in 2005 and now by the HC.
The district panchayat argued before the court that Vijuben could have opted for abortion if the pregnancy was unwanted. They also submitted that Vijuben had signed a consent form that warned of a 2% failure rate in such operations.
The district court quashed the lower court's order and asked the Patel family to return the compensation in December 2014. By then, Vijuben and her husband had passed away. Rajesh, now 30 years old, had joined the Army as a jawan.
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