Compensation for failed sterilization claims arises from surgical negligence, not childbirth; exceptional circumstances may warrant financial relief.

JUDGMENT :

S.K. PANIGRAHI, J.

1. The Petitioner, in this Writ Petition, seeks a direction from this Court to issue notice to the Opp. Parties, and after hearing from the parties, issue a Writ of Mandamus or Certiorari or any suitable form of Writ to give appropriate compensation to the Petitioner not only for their negligence but also for the future of a baby in mother’s womb.

I. FACTUAL MATRIX OF THE CASE

2. Shorn off unnecessary factual details, suffice it to narrate the facts as placed by the petitioner in the Writ Petition as follows:

i. The Petitioner’s family relies on irregular daily wages from both husband and wife, leading to a lot of financial instability. This results in a cycle of poverty, as acknowledged by the issuance of a Below Poverty Line card by the Government Authority. Further, the petitioner has two children, named, Dharitry Mohanty and Liza Mohanty, born out of wedlock, who are currently attending school. Due to financial hardships, their entire educational expenses, including daily meals, are covered by Sarba Shiksha Abhiyan programme.

ii. Meanwhile, the Opp. Party No.1, the Department of Health, State of Orissa through all the Opp. Parties, encouraged the petitioner and the general public for family planning sterilization. Thus, there was encouragement to the families to participate in Green Card scheme wherein a focus on having two-children or fewer is being promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children and many more.

iii. Inspired by the Opp. Parties and being mindful of their economic status and future of those two children, the Petitioner underwent for family planning operation in Tangi P.H.C./ Opp. Party No.2, on 19. 11. 2012. Thereafter, the doctors assured the petitioner that operation is successful and there would be no chance of future conception.

iv. Subsequently, for a period of one month, the petitioner suffered from the bodily pain as a sign of successful operation, as assured by the Opp. Party No.2. However, the petitioner showed symptoms of conception after five months of the operation. Thereafter, they consulted with a doctor in outdoors of City Hospital, Cuttack, who advised the petitioner for urine test, apprehending further conception. This was eventually confirmed by the report handed over by the pathologist of the City Hospital, Cuttack.

v. Thereafter, the petitioner sought remedies from the office of U.G.P.S., Tangi-/ Opp. Party-2. However, the officer appraised the negligence in the operation but sent the petitioner to health worker named, one Meera Swain who brought the petitioner to the Operation Theatre, and also issued a certificate regarding the operation of the petitioner.

vi. Later on, the petitioner had given birth to the third girl child, named Subhasmita Mohanty, after one year of family planning sterilization.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.

(i) Alleged medical negligence on the part of the doctor in Tangi P.H.C./ Opp. Party No.2. Furthermore, he vehemently laid down that the negligent operation not only signifies mismanagement of significant public funds but also highlights the failure of the entire family planning programme.

(ii) Additionally, he stressed upon the opinions of many economists considering the rapid growth in population, as “whatever produce in the country are being eaten up by the uninvited guests”/ thus, indicating towards the mismanagement of crores of public money invested in the family planning programme.

(iii) Further, to emphasize upon abovementioned point, he relied on few cases, mainly on State of Haryana and others vrs. Santra (Smt)

(iv) In view of the aforesaid facts and circum