Madras High Court orders State to provide free education, ₹1.2 lakh annual maintenance to child born due to botched tubectomy

The Madras High Court recently directed the Tamil Nadu government to pay ₹3 lakh as compensation to a woman, who got pregnant and gave birth to a male child despite having undergone a tubectomy procedure at a government hospital in the State [Vasuki v The Secretary]. .In a judgement passed on April 28, Justice B Pugalendhi of the Madurai bench of the High Court also directed the State government to provide the child with free education in a government or a private school and to pay an annual maintenance of ₹1.2 lakh until he graduates or turns 21 years old, to meet the expenses of raising him.The Court said that the woman had volunteered for the family planning scheme and it was the duty of the State run hospital and its medical officers to ensure there was no negligence on their part. "Family Planning is a National Programme being implemented through various Government Hospitals and Health Centres. The implementation of the programme is directly in the hands of the Government, including the Medical Officers. The Medical Officers entrusted with the implementation of the Family Planning Programme cannot, by their negligent acts in not performing the complete sterilization operation, sabotage the scheme of national importance," the High Court said..The Court was hearing a petition filed by the woman, one Vasuki, seeking a compensation to of ₹25 lakh from the State. She told the Court that she was a housewife and her husband was an agricultural coolie. The couple already had two children and, therefore, in 2014, she underwent the sterilization surgery at the Tuticorin government hospital. However, she conceived again in 2015. The doctors at the hospital advised her to abort the "unwanted" foetus but the couple decided against it. The woman approached Court saying she did not have enough money to raise a third child. She said that since the tubectomy was unsuccessful, the respondent hospital and the concerned doctor were vicariously and jointly liable for the lapses. The State government argued that the woman had probably failed to follow the doctors' advice and the prescriptions following the surgery. Besides, the State argued that "there was no element of tort involved nor had the petitioner suffered any loss, which could be compensated.".The Court however, said it was not inclined to accede to the submission made by the State. It said that things had gone "sideways due to improper performance of the doctor in conducting the sterilization operation on the petitioner." It further said that considering the economic and social background of the petitioner and other circumstances, the Court was of the view that the woman must be paid compensation and also financial aid to help raise the third child. "The petitioner is entitled for a compensation of ₹3,00,000. The respondents shall provide free education to the third child of the petitioner, either in a Government School or in a Private School. The fees already paid, if any, shall be refunded and all the expenses on books, stationary, uniforms and other miscellaneous educational expenses shall also be met by the respondents. Further, the respondents shall pay a sum of ₹1,20,000 per year [₹10,000 per month] meet the child's need for food and proper up-bringing till he completes his graduation or attaining 21 years, whichever is earlier," the High Court said..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.