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R. VIJAYAKUMAR
M. Rani – Appellant
Versus
District Collector Theni District – Respondent
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.5,00,000/-compensation to the petitioner for the failure of permanent sterilisation (Family Planning).
1. The writ petition has been filed seeking writ of mandamus as against the respondents seeking a compensation of Rs.5,00,000/- to the petitioner for failure of permanent sterilisation operation (Family Planning).
2. According to the petitioner, she is already having two children and with a consent of her husband, she underwent permanent sterilisation operation on 11.06.2003 in the fifth respondent hospital. The fourth respondent had issued a certificate to the petitioner that she has successfully underwent sterilisation operation on 09.07.2003.
3. The petitioner had further contended that she had given birth to a girl child on 10.05.2007 due to failure of the said permanent sterilisation operation. According to the petitioner, this has happened due to medical negligence on the part of the respondent. Hence, she sent a representation to the first respondent herein on 02.06.2008 seeking compensation for the failure of family pla
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
Compensation for failed sterilization claims arises from surgical negligence, not childbirth; exceptional circumstances may warrant financial relief.
Compensation for sterilization failure under Family Planning Indemnity Scheme is fixed at Rs.60,000, limiting claims against negligent medical practices unless statutory provisions allow for higher a....
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
Medical professionals must ensure proper care in sterilization procedures; failure results in state liability to compensate for unwanted births and upbringing costs.
Negligence in performing sterilization surgery mandates state compensation for economic burdens arising from an unwanted child, reaffirming the responsibilities of medical professionals within family....
Court determined that compensation claims for failed sterilization operations require proof of negligence, which is beyond writ jurisdiction.
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