Rajasthan HC orders compensation in seven sterilization failure cases

JAIPUR: On October 3, the principal bench of the Rajasthan High Court in Jodhpur ordered that compensation be granted in seven cases of sterilization failure. All these cases were first brought to the notice of the state health department by NGO Prayas. Chhaya Pachauli of Prayas said the department failed to act on information provided, despite repeated reminders. That is why writ petitions were filed in court to claim compensation of Rs 30,000 in each case, as provided under the Family Planning Indemnity Scheme.

The cases were from different districts of the state, including Chittorgarh, Udaipur, Bhilwara, Barmer and Bikaner. In the past three years, Prayas has filed 43 such writ petitions relating to failure of sterilization. Of these, the court has ruled in favour of petitioners in 38 cases.

The court directed the petitioners to file representation before the appropriate authority for seeking compensation from the Central government. Pachauli explained that representation will now be submitted to the district chief medical and health officer, along with a copy of the order. The respondent, the state government, has been instructed to pass the necessary orders in two months.

"We still have a lot of cases in the pipeline and the numbers are only piling up day by day, as we rampantly keep coming across such cases in the field. This clearly shows that a large number of sterilization failures are going unreported. The actual number of sterilization failures is much higher than what government figures show," Pachauli said.

The October 3 orders are set to come as relief to 28-year-old Jasoda of Karanpur village, Vallabhnagar, Udaipur, 30-year-old Pushpa of Kapasan tehsil, Chittorgarh, 29-year-old Kamlesh of Bijoilya, Bhilwara, 37-year-old Manju of Nimbahera, Chittorgarh, 25-year-old Gomti of Pachpadra, Barmer, 39-year-old Santosh of Lunkaransar, Bikaner and 35-year-old Madhu of Korna in Barmer.

Significantly, all these cases relate to failure of sterilization in women. Figures of men undergoing sterilization in the state are very low, as data received through Right to Information petition from the state health department shows.