1 hour ago
4
ARTICLE AD BOX
Orissa high court has halted an order by the Odisha Human Rights Commission that mandated Rs 5 lakh compensation for a woman who became pregnant post-sterilisation. The state argued that human rights were not violated and alternative legal avenues exist. A prior Rs 60,000 compensation was already sanctioned under a government scheme.
Cuttack: Orissa high court on Monday stayed an order of the Odisha Human Rights Commission (OHRC) directing the state to pay Rs 5 lakh compensation to a woman who became pregnant despite undergoing sterilisation under a govt family planning programme.Issuing notice on a writ petition filed by the state, the bench of Justice S K Panigrahi stayed operation of the OHRC’s May 21, 2024, order till the next date of hearing. The matter has been listed for further hearing on March 5.The state argued that the case did not involve violation of human rights and that the complainant had alternative statutory remedies available under consumer protection law or civil law to seek damages for alleged medical negligence or deficiency of service.
It was submitted that invocation of the commission’s jurisdiction in such circumstances was legally misconceived.The case pertains to D Banita Dora of Ganjam district, who had undergone tubectomy on July 7, 2021 at the Baranokei community health centre (CHC) under the family planning programme. The surgery was performed by a medical officer posted at Sheragada CHC. However, during a routine check-up at Digapahandi CHC on Jan 29, 2022, Dora was found to be pregnant.
She later underwent medical termination of pregnancy and received post-abortion care at the district headquarters hospital (DHH) in Berhampur.Subsequently, a petition was submitted before the National Human Rights Commission on Jan 29, 2022 by Manas Samantaray seeking an inquiry into the alleged failure of sterilisation. The complaint was forwarded to OHRC on Feb 10, 2022. Dora also filed a separate complaint before OHRC in the same year.After examining the matter, OHRC on May 21, 2024, recommended payment of Rs 5 lakh compensation to Dora and also advised initiation of departmental proceedings against the officials concerned.Challenging the recommendation, state govt approached the HC on Feb 2 this year, contending that a compensation of Rs 60,000 had already been sanctioned in the woman’s favour on Aug 30, 2024, under the Family Planning Indemnity Scheme for sterilisation failure.
English (US) ·