HARBANS SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2009-1-51
HIGH COURT OF RAJASTHAN
Decided on January 27,2009

HARBANS SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) INSTANT writ petition has been filed by the petitioners claiming compensation on account of failure of sterilization operation upon the petitioner No. 2.
(2.) THE contention of petitioners is that they are poor persons and they already had two issues. Therefore, they were not in a position to afford more issues. Hence, taking advantage of sterilization scheme, the petitioner No. 2 approached the Medical officer, Community Health Centre, Tijara District Alwar and underwent a sterilization operation on November 11, 2002. She was thereafter, the petitioner No. 2 conceived and delivered a female child on 26-11-2004. Necessary documents have been placed on record, which have not been controverted by the respondents.
(3.) LEARNED counsel for the petitioners has brought to the notice of this Court, the Circular dated July 6, 2006, which has been circulated to the State Government, by the Ministry of Health and family Welfare, Government of India. The relevant part whereof is as under: the package provided under the Family Planning Insurance scheme is as follows: section I: a) Death due to sterilization in hospital Rs. 1,00,000/b)Death due to sterilization within 30 days of discharge from hospital: Rs. 30,000/c)Failure of sterilization (including first instance of conception after sterilization) Rs. 20,000/ d)Expenses for treatment of medical complications due to sterilization operation (within 60 days of operations) Rs. 20,000/ to be reimbursed on the basis of actual expenditure incurred, not exceeding Rs. 20,000/ -. ;


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