is that consent of husband for family planning is mandatory?

@ Author

After reviewing all suggestions and 'progressive rights' of Indian wife's discussions on board my take(s) are limited;


1. The doc. is basically asking husband’s signature on medical Consent Form and nothing else as construed herein by wife.
Reasoning: In any surgical intervention it is a must that a guardian or legal relation of a patient must sign the Consent Form without which a patient is not wheeled into OT other than emergency cases (even for which the Hospital / clinics Emergency  committee makes immediate consent decision on paper).

2. As per Family Law evidence MTP as well as sterilization without consent of either spouse could be construed as “mental cruelty” grounds and it all depends upon the facts and from spouse to spouse.  

3. Even if either spouse undergoes without consent sterilization and or MTP the records in a sterilization / MTP clinic are mandatory to keep for next 6 months as per MCI Rules / Guidelines so whatever the spouse do off the matrimonial conduct the other spouse needs to act fast in getting such legal evidences as fast as possible otherwise chances of its destruction by hospital / clinic are there.


Hopefully end of all larger picture (ethical vs. rights) debates so to speak!

present NABH guidelines are keeping record for 5 years.Also wife's consent is not valid in post-partum period reasons for which can be discussed in a court of law.

mr law jamai dont place  half-baked knowlege , if u really want to answer answer wat avnish had said above. one recorded case in medical literature does not mean it is fully reversible in all cases. its reversal may be associated with permanent sterility in majority of cases and in rest there may be ectopic pregnancy leading to life-threatening complications.

i know of a case where the husband was not stable in his career,had psychological problems.moreover his mother also added fuel to fire by provoking him against his wife,as she feared losing him to her!

now mother had a funny idea that if both have a child,their problems will go away!(as if children as avtaars of god who will ensure stable job,respect of wife from husband,etc etc)

the wife refused to have a child till the husband agreed to get therapies dun to relieve him of psychological problems,and wanted to wait for him to have a stable career..otherwise child's life wud suffer.but nobody listened to her and she was forced to have a kid.

now after its birth,the problems only increased,mum inlaw's interference increased as she wanted to control every aspect of child rearing though she was herself an abusive mother to her son in his childhood(hence his psycho problems).the husband's career never stabilised,hence child's education and health got affected as he never got good education and medical facilities....

so more confusion in family and more domestic violence towards the wife.and eventually divorce...now the mother is struggling hard with her child and trying to get a job still(she's over 35 yrs,hence hard to get a job at this age),while the father cant maintain them as he has no proper job)

there are 100s of such egs. all over india where people just have their first child to please their parents(ghar me pota-poti aa jaye)...later on they struggle and quarrel in its rearing as they either lack parenting skills,or a harmonious family,or the finances to rear him.

so tell me,shud the choice of whether to have a child,not lay with both partners?

if this child's mum refused to have a child,she had genuine reasons...if she had stood by her logic,her hubby wud have taken her to court on account of "cruelty" by refusing to bear a child.

so what's more important?a child or a happy and stable family first?

take ur story to apex court and appeal to change the HMA.

how is this story concerned with the thread.

this thread raises a lawpoint whether consent of husband required for undergoing sterilisation operation or not ??

answer is yes as a lady she can but as a wife she cannot. even otherwise post partum consent by a lady is not very valid as said above by swatir .

@ avnish kaur

thanks for being so polite..but no thanks

this is not my case,but of a known person.and i mentioned it also,which u dint pay attention to.

i very well know that this thread is discussing about family planning.u dont have to tell me specifically.

but a few lines on a wife refusing to have a child altogether(that amounts to cruelty in eyes of law) were also written by few members.so i opined.so no need to tell me whether i shud write or not.

in almost all threads the main topic has been diverted in other areas.why dint u comment upon members who diverted from the issues?

Dear Rajesh ji, I don't know what existing law says in this matter but my personal opinion is that "No need of any such consent of husband as a woman (why only woman but everyone) herself has to decide about the use of her body including birth to a child or not".

I agrree with Ram Samudre,

Females should not be taken as child producing machines. It is her who has to go thru the problems of pre and post pregnancy, and also looking after and good upbringing of  the child. If her body/physical condition is not supporting her, then pressuring her for another child itself is a cruelty not only to her, but also to the baby who will be born.

Ashutosh ji, though you are agree to that but you have described something else but I say that it is a matter of right of every individual (man & woman) about his/her body.  A woman has to give birth to child is also cannot be a condition of marriage but it is a matter of mutual agreement and if anyone (wife or husband) is not agreed the other cannot be pressurised otherwise.  If law says something other, that need to be changed.

Samudreji,

So I shud have written “Partially agree”.

As I know Former CEC Mr T N Sheshan, is child less (has no issue), when asked about this, he replied whole country is my children.

Moreover planning for the child is a v. responsible, and sacrificing one.

We have increased our population mindlessly, but quality of population is absent. So just giving birth to a child is not enough.

very good thoughts of ashutosh

also i dint know T.N seshan said this...so i have even more respect for him now..

if childless couples adopt children,they wont spend so much money on surrogacy,fertility medicines etc.it's simple..just go and adopt a child.this will also control india's popu. growth.

we indians claim we have more moral values than foreigners.

but in adoption,foreigners are more matured than indians.they are willing to adopt even handicapped children from india,while we are hesitant in adopting even normal children,as we are crazy about biological children.

foreigners are more matured than indians.

so,sushmita sen and ravina tandon are more matured than indians.

sushmita sen is crazy about adopted children.

I think this two ladies have done great work as they adopted a child and gave a better life .

i wish u knew sushmita's reality of adopted children

Avnishji,

i want know about the adopted daughter  "Renee" of Sushmita Sen, as I know she is doing well.

There are so many childless couple leading happy life.

What about Angelina Jolie, she too is doing well,

Children

On March 10, 2002, Jolie adopted her first child, seven-month-old Maddox Chivan.^[19] He was born on August 5, 2001 as Rath Vibol in Cambodia, and he initially lived in a local orphanage in Battambang. Jolie decided to apply for adoption after she had visited Cambodia twice, while filming Tomb Raider and on a UNHCR field trip in 2001. After her divorce from her second husband, Billy Bob Thornton, Jolie received sole custody of Maddox. Like Jolie's other children, Maddox has gained considerable celebrity and appears regularly in the tabloid media.^[77]

Jolie adopted a six-month-old girl from Ethiopia, Zahara Marley, on July 6, 2005. Zahara was born on January 8, 2005. She was originally named Yemsrach by her mother,^[78] and was later given the legal name Tena Adam at an orphanage.^[79] Jolie adopted her from Wide Horizons For Children orphanage in Addis Ababa. Shortly after they returned to the United States, Zahara was hospitalized for dehydration and malnutrition. In 2007, media outlets reported Zahara's biological mother, Mentewabe Dawit, was still alive and wanted her daughter back, but she later denied these reports, saying she thought Zahara was "very fortunate" to be adopted by Jolie.^[78]

Brad Pitt was reportedly present when Jolie signed the adoption papers and collected her daughter;^[71] later Jolie indicated that she and Pitt made the decision to adopt Zahara together.^[80] On January 19, 2006 a judge in California approved Pitt's request to legally adopt Jolie's two children. Their surnames were formally changed to "Jolie-Pitt".^[81]

Jolie gave birth to a daughter, Shiloh Nouvel, in Swakopmund, Namibia, by a scheduled caesarean section, on May 27, 2006. Pitt confirmed that their newly-born daughter would have a Namibian passport,^[82] and Jolie decided to sell the first pictures of Shiloh through the distributor Getty Images herself, rather than allowing paparazzi to make these valuable photographs. People paid more than $4.1 million for the North American rights, while British magazine Hello! obtained the international rights for roughly $3.5 million.^[83] All profits were donated to an undisclosed charity by Jolie and Pitt. Madame Tussauds in New York unveiled a wax figure of two-month-old Shiloh; it was the first infant re-created in wax by Madame Tussauds.^[84]

On March 15, 2007, Jolie adopted a three-year-old boy from Vietnam, Pax Thien,^[85] who was born on November 29, 2003 and abandoned at birth at a local hospital, where he was initially named Pham Quang Sang.^[86] Jolie adopted the boy from the Tam Binh orphanage in Ho Chi Minh City.^[87] She revealed that his first name, Pax, was suggested by her mother before her death.^[88]

Following months of tabloid speculation, Jolie confirmed, at the 2008 Cannes Film Festival, that she was expecting twins. She gave birth to a boy, Knox Léon, and a girl, Vivienne Marcheline, by caesarean section at the Lenval hospital in Nice, France, on July 12, 2008.^[89] The rights for the first images of Knox and Vivienne were jointly sold to People and Hello! for $14 million—the most expensive celebrity pictures ever taken. The money went to the Jolie/Pitt Foundation.^[90]

^Source:

^{https://en.wikipedia.org/wiki/Angelina_Jolie}

Originally posted by : Ram Samudre-DRF [NSSD-UOI]
	Originally posted by :vijai Rajesh Kalyana sundaram " whether the husband consent for family planning is mandatory one? she gave birth to her child last day now she planned for family planning but thhe hospital management need the consent of her husband who was not with her presently- give me a sugession- "   Dear Rajesh ji, I don't know what existing law says in this matter but my personal opinion is that "No need of any such consent of husband as a woman (why only woman but everyone) herself has to decide about the use of her body including birth to a child or not".

Woman definitely has full right to use her own body for deciding on the decisions of "Her" own life, there is nothing wrong with it. But the moment she considers her "Husbands intent" is not significant, she is doing injustice to her role as a "Wife", because does that mean husband is nothing to her in her life? just a "ATM card" ? does she not have any responsibilities as a "Wife"? dont think anything is wrong in "upto two kids as minimum" to take descesion, otherwise if a woman can make a living all by herself then why did she require to Marry?

There is already lot of gender inequality biased more toward women when it comes to law and rights, a man is already restricted in many of those laws in this 21st century, I bet the same women will suffer when they see their son suffer due to all these laws.

There are men committing suicide due to fake dowry case filed by the lady, on the entire family of man, nobody wants to think about the misuse?

and therefore with all due respect it should definitely be considered as a reason strong enough to obtain divorce for man without maintenance.