Madras HC Orders State To Provide Free Education, Annual Maintenance To A Tubectomy Child

The Madras High Court has recently directed the Tamil Nadu government for paying the amount of ₹3 lakh as a compensation to pregnant woman who gave birth to a male child regardless of undergoing a tubectomy procedure at a government hospital in the State.

Further in a judgment passed on April 28, Justice B Pugalendhi of the Madurai bench of the High Court directed the State government for providing child with free education in a government / private school and to pay an annual maintenance of ₹1.2 lakh for helping him raise until he graduates or turns 21 years old.

Therefore, the Court stated that the woman volunteered for the family planning scheme and State’s duty to run hospital and its medical officers to ensure there was no negligence related to their part.

The High Court said that “Family Planning is a National Programme being implemented through various Government Hospitals and Health Centres. The implementation of the programme is directly in the hands of the Government, including the Medical Officers. The Medical Officers entrusted with the implementation of the Family Planning Programme cannot, by their negligent acts in not performing the complete sterilization operation, sabotage the scheme of national importance.”

Therefore, the Court heard a petition filed by the woman, Vasuki, seeking for ₹25 lakh compensation from the State.

Further, she told the Court that she was a housewife and her husband was an agricultural coolie. The couple already had two children, and in 2014, she underwent sterilization surgery at the Tuticorin government hospital.

However, in 2015 she conceived again. The doctors at the hospital recommended her to abort the “unwanted” foetus but the couple decided to oppose it.

Therefore, the woman approached Court stating that she didn’t have sufficient money to raise a 3rd child. She stated that since the tubectomy was unsuccessful, the respondent hospital and the concerned doctor got vicariously and jointly liable for the lapses.

The State government argued that the woman had probably failed to follow the doctors’ advice and the prescriptions following the surgery.

Besides, the State contended that “there was no element of tort involved nor had the petitioner suffered any loss, which could be compensated.”

However, the Court said that it wasn’t inclined to accede to the submission made by the State.

Moreover, “sideways due to improper performance of the doctor in conducting the sterilization operation on the petitioner.”

It further said that considering the economic & social background of the petitioner and other circumstances, the Court observed that the woman must be paid compensation and also financial aid to help raise the 3rd child.

The High Court said that, “The petitioner is entitled for a compensation of ₹3,00,000. The respondents shall provide free education to the third child of the petitioner, either in a Government School or in a Private School. The fees already paid, if any, shall be refunded and all the expenses on books, stationary, uniforms and other miscellaneous educational expenses shall also be met by the respondents.

Further, the respondents shall pay a sum of ₹1,20,000 per year [₹10,000 per month] meet the child’s need for food and proper up-bringing till he completes his graduation or attaining 21 years, whichever is earlier.”