SHRIYA CHHANCHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Behera, learned advocate appears on behalf of petitioner and submits, his client underwent sterilization procedure conducted by the State. In spite thereof, she conceived and delivered a child. She is in involved financial condition, unable to meet expenses of the child and hence has claimed compensation. The sterilization procedure was undertaken by petitioner on 2/1/2014.

(2.) On earlier date of hearing Mr. Behera had relied on Standards for Female and Male Sterilization Services issued in October, 2006 by Research Studies and Standards Division, Ministry of Health and Family Welfare, Government of India. Under Standards for Female sterilization there is subheading 1.4.2 on Clinical Assessment and Screening of Clients, to be made prior to the operation. Clause-b under the sub-heading has entry-v, which says as under.

(3.) He submits, this procedure must have been followed before the operation. Having done that State cannot turn around and say that the child was born on a full term delivery, to allege that his client was pregnant at the time sterilization operation was done. He relies on manual for family planning indemnity scheme issued in October, 2013 by Family Planning Division, Ministry of Health and Family Welfare, Government of India, in which available benefit include and provide for limit of Rs.30,000.00 cover on failure of sterilization.