Post Date: Thursday, December 14, 2017
A 28-year-old mother of four has moved the Delhi High Court seeking compensation from the Delhi government for the failure of a parivar seva clinic run by it to sterilise her, leading to her fourth pregnancy.
The petition, which seeks implementation of the Centres Family Planning Indemnity Scheme, was listed for hearing in the court of Justice Vibhu Bakhru on Friday. Since Justice Bakhru was not available on that day, the woman's plea has been listed for hearing on January 16.
According to the woman's plea, filed through advocate Sija Nair Pal, she underwent the sterilisation procedure on August 9, last year.
However, in May when she went to the clinic for a check up it was found that she was 14 weeks pregnant, the plea said.
She alleged that the clinic did not provide her with any "pre or post-sterilisation counselling about the procedure, potential risks or post-surgery care or the possibility of failure".
She has contended in her plea that the Standards of Male and Female Sterilisation Services 2006 of the Ministry of Health and Family Welfare "clearly state that a client who becomes pregnant after the surgery should be offered medical termination of her pregnancy and repeat sterilisation surgery or should be medically supported throughout the pregnancy if she so wishes".
"The respondents (Delhi government, its health department and the clinic), however, did not offer any medical support to the petitioner throughout the pregnancy," the plea said, adding that the clinic offered to carry out an abortion for Rs 3,000.
Source: India Times, 10 December 2017
Litigation
- Presentations from the Two Day Webinar on Reproductive Rights on 23rd & 24th of May, 2020
- Patna High Court: Ration facility for all transgender persons
- Nikhil Datar vs. Union of India: A long drawn struggle
- Patna High Court gives favourable order in response to the PIL on water logging in the state
- Guwahati High Court delivers landmark judgement; Department of Health and Family Welfare to pay Twenty Five Lakh Rupees to Petitioner in Nagaland
Fact Finding
- Presentations from the Two Day Webinar on Reproductive Rights on 23rd & 24th of May, 2020
- Report on the State level Consultation in Arunachal Pradesh on 2nd & 3rd November, 2019
- Sexual and Reproductive Health Rights Dictionary
News
- Report of the two day webinar on ‘Access to Reproductive Justice’ on 23rd & 24th May, 2020
- Report of the National level consultation on Trans people and women’s issues- 28th & 29th December, 2019
- Nikhil Datar vs. Union of India: A long drawn struggle