Orissa HC Orders 30K Compensation For Poor Couple On Birth Of Third Child Despite Family Planning Operation
|The Orissa High Court directed authorities to give ₹ 30,000 as compensation to the poor couple on the birth of their third child despite a family planning operation.
The couple underwent the operation after being encouraged by the Department of Health, State of Orissa to join the Green Card scheme, which promotes having two or fewer children by offering incentives such as land properties and reserved seats in higher education.
The bench of Justice S.K. Panigrahi observed, “…this Court is of the opinion that contention of the petitioner has no foundation in law. However, considering the poor economic status of the petitioner and the concession given by the Opp. Parties, this Court deems it apposite to grant Rs.30,000/- in favour of the petitioner as compensation.”
Advocate R.K. Swain appeared for the Petitioner and ASC Sonak Mishra appeared for the Respondent.
Brief Facts-
The Petitioner’s family is below the poverty line as they relied on irregular daily wages from both husband and wife, leading to a lot of financial instability. The Couple already had two children born out of wedlock, whose entire educational expenses, including daily meals, are covered by the Sarva Shiksha Abhiyan programme.
The Couple approached the High Court for the issuance of a proper Writ to give appropriate compensation to the Petitioner not only for their negligence but also for the future of a baby in the mother’s womb who was conceived even after the performance of a family planning operation.
The Court relied on the decision of the Supreme Court in the State of Punjab v Shiv Ram and quoted, “The methods of sterilization so far known to medical science which are most popular and prevalent are not 100% safe and secure. In spite of the operation having been successfully performed and without any negligence on the part of the surgeon, the sterilized woman can become pregnant due to natural causes.”
According to the Court, the petitioner’s contentions had no foundation in law.
Accordingly, the Court disposed of the Petition.
Cause Title: Moti Prava Mohanty v. State of Orissa
Appearance:
Appellant: Adv. R.K. Swain
Respondent: ASC Sonak Mishra