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Compensation To The Women Who Got Pregnant Even After Sterilization Says Orissa High Court

Sravika Reddy Kohir ,
  01 July 2022       Share Bookmark

Court :
Orissa High Court
Brief :

Citation :
W.P.(C) No. 9594 of 2017

CASE TITLE:
Shriya Chhanchan Vs State Of Odisha And Others

DATE OF JUDGEMENT:
June 24, 2022.

BENCH:
Justice Arindam Sinha

PARTIES:
Petitioner - Shriya Chhanchan
Respondents – State of Odisha and Others

SUBJECT

The petition was filed in the High Court to claim compensation from the State for the failure of sterilization operation to prevent the pregnancy.

IMPORTANT PROVISIONS

ARTICLE 226

The Article provides with the power to the High Court to issue orders and writs to any government authority or person. The scope of Article 226 does not only limit to enforcing fundamental rights but also legal rights when they are violated by any statute.

OVERVIEW

  • The petitioner had availed the sterilization procedure conducted by the State to stop pregnancy, despite the same the petitioner conceived and gave birth to a child. The petitioner then filed a Writ Petition under Article 226 claiming compensation from the State for the failure in services provided therein.

ISSUES RAISED

  • Whether the failure of sterilization operation entitles the victim to compensation?

ARGUMENTS ADVANCED BY THE PETITIONER

  • The petitioner relying upon the standards for female sterilization held that there shall be a prior clinical assessment of clients must be conducted before the actual procedure of sterilization starts.
  • It also claimed that the procedure demands or mandates to check with respect to the previous or last menstrual cycle and also the current pregnancy status.
  • Furthermore, it is stated that the state if followed the above procedure before the operation would have come across the fact that the whether the petitioner was eligible for the same or not and also claimed that the state in failure to do so cannot say that the child was born on full term delivery.
  • Thus, relying upon the manual for family planning compensation scheme stated that failure of sterilisation leads to compensation for payment of amount 30,000/-

ARGUMENTS ADVANCED BY THE RESPONDENTS

  • The respondents countered the arguments stated by the petitioner stating that there was no record of pregnancy status and also last menstrual cycle was in December 22 2013.
  • The respondents further claim that the averments made by the petitioner are false and there was no sigh of the petitioner with respect to any irregularities or any other effects after the sterilization.
  • The respondents contend that there was no report made by the petitioner with regard to any follow-up with respect to the Sterilization procedure, thus now can’t claim for any compensation or any failure of procedure.

JUDGEMENT ANALYSIS

  • The court hearing to both the parties, held that it has been evident that the State has failed to follow the procedure as to obtain the current pregnancy status before the operation.
  • When the State itself has failed to follow the prerequisites necessary for the operation, cannot now take advantage of the fact that the petitioner has not acted as per the undertaking.
  • Thus,relying upon the Manual of family planning compensation scheme, the court grants compensation of amount RS.30,000/- to the petitioner for the failure in the process of sterilization and since the financial condition to take up the child is not great the court granted for RS.20,000 to be paid as costs to the petitioner, that shall be utilised for the benefit of the child.

CONCLUSION

  • The court thus held that the compensation shall be directed towards women who get pregnant even after sterilization and if the State or the authority fails to follow the procedure that is necessary before the operation.

Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE

Click here to download the original copy of the judgement

 
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