The BMC maternity home where the Guptas went for their surgeryRamprasad Gupta, a 26-year old resident of Dumping Road, is ready to sue a BMC maternity home on MG Road after his wife Santara Devi conceived despite having a family planning operation at the maternity home on Aug 14, 2003.

Santara Devi is currently at their village in Uttar Pradesh and is five months pregnant.

When Gupta approached the maternity home, the authorities informed him that family planning operations fail at times, though rarely. The doctors suggested that I should get my wife to Mumbai so that they can perform an abortion, says Gupta.

He adds, Neither me nor my wife want to abort. I want my wife to give birth to the child.

Now, Gupta is planning to claim compensation from the hospital. The government speaks about family planning and I have complied with it. Now, they should shoulder some responsibility, he says.

About the Guptas

The Guptas already have three sons Suraj (6), Akash (4) and Pawan (1).
Gupta says, We wanted to have a daughter, thats why we chose to have a third child. If my financial situation permitted, I wouldnt have gone in for family planning.

I earn Rs 4,000 a month and I cannot afford to educate my kids within that sum, adds Gupta.

What the authorities say

We have no cause for worry: maternity home

The family planning operation involves tying a knot in the fallopian tubes. It fails very rarely, says Usha Bhaskar, in-charge, maternity home.

She adds, But we have nothing to worry. Before the surgery, we ask the patient to sign a document that says that we do not take responsibility if an operation fails.

Bhaskar adds that the maternity home is willing to help the Guptas have an abortion and repeat the operation again. That is the maximum we can do and we are willing to do that, says Bhaskar.

The government is cheating them: lawyer

Guptas advocate LS Lalwani from SN Road says, Though the maternity home says they are not responsible, they cannot escape that easily. The government asks the people to go in for something that has a chance of failure. That is cheating. I will ensure that the government as well as the maternity home take responsibility.

babu@mid-day.com