Negligence in performing sterilization surgery mandates state compensation for economic burdens arising from an unwanted child, reaffirming the responsibilities of medical professionals within family planning initiatives.

ORDER :

KRISHNAN RAMASAMY, J.

1. This Writ Petition has been filed to direct the respondents 3 and 4 to award compensation for failure of the tubectomy surgery and to constitute a medical board to assess the medical complication and damages caused to the petitioner and to provide appropriate treatment at a hospital other than any government hospital and incur such expenses and to award compensation.

2. The learned counsel appearing for the petitioner would submit that in the present case, the petitioner underwent tubectomy surgery on 12.02.2019. Even then, the petitioner got conceived. Therefore, the tubectomy surgery was not done properly. After giving birth to a female child, the petitioner was informed that her pelvic bones expanded beyond the margin and it did not retract, which caused permanent damage to her. The petitioner already has two children and is poor, and therefore, she opted for family planning. Now, due to the medical complications, she is unable to go to any work and is struggling to maintain all the children with the meagre income from her husband. Hence, the petitioner sent a representation to the respondents on 11.12.2023 seeking to provide appropriate treatment and to award compensation. The learned counsel relied upon the decision of this Court in The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009 and others vs. Dhanam in W.A.No.2506 of 2022, dated 09.07.2024, and submitted that in a case where third child was born, this Court has awarded a sum of Rs.3,00,000/- as compensation. Since the petitioner in the present case has medical complications, she is entitled for higher compensation. He therefore, prayed for appropriate orders.

3. The learned Additional Government Pleader appearing for the respondents would submit that before performing the family planning operation, an agreement was entered to the effect that if the operation was not successful, then compensation would be paid in accordance with the relevant Rules and according to the Rules, the petitioner is entitled to only a sum of Rs.60,000/-.

4. I have given due consideration to the submissions made on both sides.

5. In similar circumstances, this Court, in the case of Dhanam vs. 1.The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009 and others in W.P.No.22349 of 2018, dated 25.01.2022, has passed the following order.

"13. In the instant case, the petitioner was not suffering from any disease for treatment of which she had gone to hospital authorities. She is a normal healthy person. She had approached the hospital authorities as she wanted to prevent birth of unwanted child. There was no question of error of judgment in performing the operation properly, it could have been simply a case of success. If in spite of this operation, she conceived and has given birth to a child, which establishes that it is clear case of something amiss while performing an operation and one can hopefully deduce that standard of reasonable care expected of the doctor was not taken.

14. It may be mentioned at the cost of repetition that in the counter affidavit the respondents have not at all stated that instead of taking reasonable care in performing sterilization operation and in spite operation being successful, there could be a conception. The respondents blamed the petitioner only to the extent she did not approach the hospital immediately after the stoppage of her menstrual periods so that the same could have been rectified. Therefore, the failure of the sterilization operation was not seriously disputed by the respondents and for such failure, the petitioner was even offered Rs.30,000/- as per the Scheme. This Court f