Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. PANIGRAHI
Moti Prava Mohanty – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. negligence in family planning operation (Para 2 , 3 , 4) |
| 2. limits of liability in sterilization failure (Para 5) |
| 3. court's award of compensation (Para 6 , 7) |
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, a
Compensation for failed sterilization claims arises from surgical negligence, not childbirth; exceptional circumstances may warrant financial relief.
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
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 must exercise reasonable care in sterilization procedures to avoid liability for resulting unwanted pregnancies, entitling affected parties to compensation.
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 sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
State accountability for negligence in family planning procedures ensures compensation for economic burdens caused by unwanted births.
Negligence in performing sterilization surgery mandates state compensation for economic burdens arising from an unwanted child, reaffirming the responsibilities of medical professionals within family....
Failure of sterilization does not automatically constitute negligence; liability exists only with proof of malpractice, not merely based on resultant pregnancy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
