In a significant ruling, the Lok Adalat in Prayagraj has directed the Uttar Pradesh government to pay Rs 2 lakh in compensation to a woman who gave birth despite undergoing sterilisation. Additionally, the court ordered the government to pay Rs 5,000 per month for the upbringing of the child until she turns 18 or completes her graduation, whichever is earlier.
The verdict was delivered by a bench comprising Chairman Vikar Ahmad Ansari and members Dr. Richa Pathak and Satendra Mishra, in response to a petition filed by a woman from Phoolpur, Prayagraj.
The case dates back to 2013, when the petitioner, already a mother of many children, underwent a sterilisation procedure at the Mauaima Primary Health Centre under Dr. Neelima on October 25. However, she began experiencing health issues shortly afterward and went for an ultrasound. On January 31, 2014, it was revealed that she was 16 weeks and 6 days pregnant. She later gave birth to a daughter, which came as a severe emotional and financial blow to the family, already struggling with poverty.
Feeling wronged, the woman filed a complaint with the Lok Adalat, naming the Chief Medical Officer (CMO) of Prayagraj as a party to the case. After fighting a prolonged legal battle across 11 hearings, the verdict finally came in her favour.
The woman told the court that her life was thrown into turmoil again due to the failure of a procedure meant to be permanent. "Why should I bear the financial burden of raising another child when the fault lies with the government?" she argued, demanding Rs 5 lakh in compensation and Rs 25,000 per month for the child’s upbringing.
In its defence, the government stated that the procedure was conducted by an experienced doctor and that the woman had signed a consent form. Moreover, they claimed that the woman did not report the failure of the sterilisation within the stipulated three-month period, making her ineligible for compensation.
The court rejected the government’s arguments, observing that the failure of the sterilisation was clearly a case of medical negligence. It said that while the government promotes sterilisation as a means of population control, it cannot shift the burden of a failed procedure onto the woman.
The court further ordered the government to pay an additional Rs 20,000 for the mental agony caused due to the unintended pregnancy.
