CHENNAI: Five years after a woman conceived and delivered a baby girl despite undergoing tubectomy, the Madras High Court has ordered the State to pay Rs 3 lakh compensation to the woman and Rs 1.20 lakh (Rs 10,000 per month) every year to the child till she completes her graduation or till she turns 21.
Taking a serious view of the negligence of doctors leading to failure of the family planning operation, Justice Krishnan Ramasamy passed the order on a petition filed by Dhanam, a resident of Aralvoimozhi in Kanyakumari district.
The mother of two girl children underwent tubectomy at the Kanyakumari Govt Medical College Hospital. But she conceived and delivered a third baby in September, 2017, much to the shock of the family which was already saddled with financial troubles.
The family feared that the assistance provided under government welfare schemes for girl children would be denied to it because of the third child. So, Dhanam approached the State Health Department with a plea for Rs 10 lakh compensation for raising the child, but authorities rejected her plea and instead offered her Rs 30,000 as compensation.
She then approached the Madras High Court. Justice Ramasamy in his order said, “The court is of the view that the petitioner is entitled to the compensation and keeping in view the economic and social background and other circumstances, ends of justice would be met in providing a compensation of Rs 3 lakh.”
‘Admit child in a school on attaining the age of five’
“The respondents shall admit the child in a government or private school on attaining the age of five years and provide free education. All her expenses for books, stationery, uniforms and other educational expenses shall be met by the respondents. The State is under obligation to bear the expenses of bringing up the third child which is an unwanted child to the family as it was born due to failure of operation,” the judge said.