Odisha: Rs 30K compensation to woman who gave birth after tubectomy

Moti Prava had filed a petition seeking the court’s direction to the state government to provide suitable compensation to her on November 19, 2013.
 Representational image
Representational image

CUTTACK: The Orissa High Court has directed the state government to pay Rs 30,000 compensation to Moti Prava Mohanty of Tangi area in Cuttack district who had given birth to a girl child after one year of family planning sterilisation at the local primary health centre in 2012.

But the court apparently did not grant any compensation for the well-being of the girl born due to the failed tubectomy.

Moti Prava had filed a petition seeking the court’s direction to the state government to provide suitable compensation to her, not only for their negligence but also for the future well-being of the child on November 19, 2013.

The single judge bench of Justice SK Panigrahi said, “Considering the peculiar facts and circumstances of the instant case, 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 state authorities, this court deems it appropriate to grant Rs 30,000 in favour of the petitioner as compensation,” Justice Panigrahi said in the April 19 order.

Justice Panigrahi cited portions of a Supreme Court order which said, “Having gathered the knowledge of conception in spite of having undergone the sterilisation operation, if the couple opts for bearing the child, it ceases to be an unwanted child. Compensation for the maintenance and upbringing of such a child cannot be claimed.”

Justice Panigrahi further directed the state government to pay the said amount to the petitioner within a period of two months from the date of presentation of this order before the appropriate authority.

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