Smt. Amrita Bai vs Public Health And Family Welfare ...
2022 Latest Caselaw 16279 MP

                                                                1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 8 th OF DECEMBER, 2022
                                               WRIT PETITION No. 7451 of 2015

                           BETWEEN:-
                           SMT. AMRITA BAI W/O BHAGATSINGH PADIYAR, AGED
                           ABOUT 47 YEARS, R/O VILLAGE DHATURIYA, TEHSIL
                           PETLABAD, DISTT. JHABUA (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY MS. SHANNO SHAGUFTA KHAN, ADVOCATE)

                           AND
                           1.    STATE OF M.P. THROUGH THE PRINCIPAL
                                 SECRETARY, HEALTH & FAMILY WELFARE
                                 DEPARTMENT GOVERNMENT OF MADHYA
                                 PRADESH, VALLABH BHAWAN, ARERA HILLS,
                                 BHOPAL (M.P.)

                           2.    MDICAL SUPERINTENDENT CHC, PETLABAD,
                                 JHABUA DISTT.JHABUA (MADHYA PRADESH)

                           3.    CHIEF MEDICAL AND HEALTH OFFICER . JHABAU
                                 (MADHYA PRADESH)

                           4.    COLLECTOR           . DISTT.       JHABAU   (MADHYA
                                 PRADESH)

                                                                                         .....RESPONDENTS
                           ( BY SHRI PRADYUMNA KIBE, GOVERNMENT ADVOCATE)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

Present petition has been filed seeking compensation on account of failure of sterilization. According to the petitioner after delivery of 4 children, she and her husband decided to go for female sterilization. She approached to Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 08-12-2022 19:28:28

District Hospital Jhabua on 09.03.2009 and operation was conducted, thereafter she again become pregnant and delivered 5th female child, therefore, in view of law laid down by the Apex Court in case of Ramakant rai & Anr. vs. Union of India a& Ors passed in writ Petition (Civil) No.209/2003 and policy framed by the Central Government i.e. Family Planning Indemnity Scheme, 2013 she is entitled for compensation of Rs. 30,000/-. However, she has also claimed compensation of Rs. 5,00,000/- for her grave violation of fundamental right to life, health, dignity, suffering from mental agony and expenses of bringing up child in the family.

The respondents filed reply by submitting that before the operation, the

petitioner was explained all the pros and cons of the operation, she and her husband signed the consent letter in which it is specifically mentioned that in case of missing of menstrual period, she would report to the health care center, Hospital, or Doctor. After becaming pregnant, she did not inform the concerned CMHO and continued with the pregnancy and when female child was delivered, she started making all allegations, thus she is not entitled for any compensation.

I have gone through the pleadings of both the parties, return, rejoinder and law laid down by the Apex Court in case of Ramakant rai (supra).

Policy of Central Government specifically provides payment of Rs.30,000/-. This court also relying the judgment in case of Ramakant rai (supra) numbers of writ petitions i.e. Writ Petition No.3634/2016, Writ Petition No.5285/2016, Writ Petition No.4272/2016, Writ Petition No.5299/2016, Writ Petition No.2952/2017 and Writ Petition No.144/2017 were decided and compensation of Rs. 30,000/- was awarded.

Signature Not Verified So far as singing of consent letter is concerned, petitioner and her Signed by: PRAVEEN NAYAK Signing time: 08-12-2022 19:28:28

husband both are illiterate persons. There is no signature of counsellor who was required to explained the contents of form. Name and address of counsellor is not mentioned, therefore, petitioner and her husband were not explained the effect of failure of sterilization.

In view of the above, Writ Petition is allowed in part. The respondents are directed to pay Rs. 30,000/- to the petitioner within 60 days from the receipt of certified copy of this order.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 08-12-2022 19:28:28