Anushka Mansharamani
A Gujarat court passed a judgement directing the health authorities and the district collectors to pay rupees 3.39 lakh with interest to the woman from Kalol in Gandhinagar who got pregnant after her sterilization operation took place.
She was further not offered a timely abortion which resulted in a birth of an unwanted child who turned out to be disabled.
The court also directed the authorities to pay compensation as well as Rs. 1,500 per month for the maintenance of the child till he turns 18.
The woman would also receive Rs. 10,000 for mental stress and Rs. 5000 that would cover her legal fees.
In the current case Premila Thakor, the mother of 5 children from Sherisa village opted for a sterilization operation in February 2007, however, she got pregnant.
Therefore, she filed an application at the Hajipur primary health centre requesting for termination, however, she was directed to a private facility for abortion that would cost Rs. 9000.
She then stated her inability to afford the fee and then gave birth in May 2009 and this child was found with 75% disability.
Premila Thakor sued the district health officer, health commission, district collector, the insurance company, and the medical officer at Hajipur PHC for liability of Rs. 30,000 insurance for the failure of the sterilization process and 5 lakh for the doctors’ negligence.
She mentioned her physical pain and mental stress as the reasons for not wanting the child and thereby demanded compensation and maintenance fees for her son.
The court accepted the arguments put forth and observed that the fetus was not aborted despite her request and therefore compensation and maintenance fees were granted.
However, only the health authorities and the district collectors were made liable as she failed to prove the allegations against the other defendants.