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2004 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
P. K. Sarkar, J.
Archana Paul and Others v. State of Tripura and Others


1. This group of cases involved the same questions of facts and law and therefore, I decide by this common judgment.

2. In all these cases, the petitioners are poor women who had two / three children and had opted for sterilisation in different Health Camps in Tripura and in Govt. Hospital, but subsequently had to bear pregnancy and ultimately some of them gave birth to a female child and some gave birth to a male child inspite of sterilisation operation by Govt. doctors. It is therefore contended by the petitioners that the doctors who conducted the sterilisation operation were negligent and the operation failed for which they became pregnant inspite of sterilisation operation. All these petitioners therefore filed these writ petitions claiming compensation as damages and for maintaining the unwanted child for medical negligence.
2A. The Govt. and the doctors who were made parties in some of the writ petitions filed counter - affidavit stating that the sterilisation scheme as framed by the Central Govt. was undertaken by the Tripura Govt. and taking the advantages of the scheme, these petitioners got sterilisation mostly in ninetys and some of them in the year 2000. After sterilisat



























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