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This is an archive article published on May 2, 2023
Woman conceives after tubectomy, Madras HC tells Tamil Nadu govt to pay Rs 3 lakh
The Madurai bench of Madras High Court mandated a provision of Rs 1.20 lakh a year for child’s needs until they graduate or turn 21.
The woman, a homemaker, and her husband, an agricultural labourer, already had two children when she opted for a tubectomy at Thoothukudi government medical college hospital in 2013.
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Woman conceives after tubectomy, Madras HC tells Tamil Nadu govt to pay Rs 3 lakh
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The Madras High Court on Friday ruled in favour of a woman who became pregnant after undergoing tubectomy, mandating the state government to pay her a compensation of Rs 3 lakh.
The Madurai bench of HC also instructed the government to shoulder the cost of education for the woman’s third child, in a government or private institution and asked the government to reimburse any fee already paid and bear all future expenses related to books, stationery, uniform, and other educational requirements.
Justice B Pugalendhi’s bench also mandated a provision of Rs 1.20 lakh per year, or Rs 10,000 per month, towards the child’s nourishment and other needs until they graduate or turn 21, whichever event occurs first.
This verdict was issued in response to a petition filed in 2016 by a woman from Thoothukudi at the Madurai bench.
The woman, a homemaker, and her husband, an agricultural labourer, already had two children when she opted for a tubectomy at Thoothukudi government medical college hospital in 2013. However, due to an alleged medical negligence, she conceived again in March 2014 and subsequently gave birth to a third child in January 2015.
To prevent further pregnancies, she had to undergo another tubectomy procedure. She later approached the High Court, seeking compensation for the doctor’s alleged negligence.
Justice Pugalendhi noted that the family planning programme, being implemented nationwide through various government hospitals and health centres, falls squarely under the government’s purview.
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The medical officers, despite being trusted with this critical responsibility, have shown negligence, thereby undermining the scheme.
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