Q: Elaborate the case of Jasbir Kaur And Another vs State Of Punjab And Others on 8 March, 1995 ?

Ans: Jasbir Kaur And Another vs State Of Punjab And Others on 8 March, 1995.

 The tragic facts of the case and barbaric attitude of the respondent-authorities reminds one of the premitive mediaeval age when man was treated like an animal and deprived of the virtues of a civilised society. At this stage of the winding up of the twentieth century and when we are at the door steps of the twenty-first century, the heads of civilised society would bow in shame to know about the facts of the case and the treatment meted out to a newly born child who is alleged to have been taken away by a cat in a Government owned and managed hospital. The woeful story has been narrated by the parents of the unfortunate child who have in desparation prayed for an inquiry through the Central Bureau of Investigation and in frustration have prayed for the grant of compensation tor rehabilitation and upbringing of the said child. It is unfortunate that despite admitting the facts narrated in the petition, the respondents have chosen to resist this petition on frivolous grounds and false pretexts.

Even though the petitioners have claimed a sum of rupees ten lakhs as compensation, we are of the opinion that though the damage caused to the child is of a permanent nature, yet the interests of justice would be served if a reasonable amount is awarded as compensation for the up-bringing and education of the said child for his ultimately respectable settlement in the society. In our opinion, the award of rupees one lakh as damages would meet the ends of justice. We hold the child entitled to the payment of rupees one takh as compensation for the injury caused to his person. The aforesaid amount of compensation of rupees one lakh shall be paid by the respondents to the petitioners who would deposit the aforesaid amount in some nationalised bank in the form of a fixed deposit receipt payable to the child on his attaining the age of majority. The interest payable on the aforesaid amount shall periodically be paid to both the petitioners for the maintenance of the child, provided they live together. If the petitioners ever decide to dissolve their marriage, appropriate directions shall be obtained from the Court for the disbursement of the amount of interest in favour of the child. With the above directions, this petition is disposed of.