Madras HC Sets Aside ₹3 Lakh Relief for Failed Tubectomy

The Madras High Court in Chennai has set aside an order by a single judge that directed the Tamil Nadu government to pay ₹3 lakh in compensation and ensure free education for a child born following a failed tubectomy surgery.

A division bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan ruled that the single judge's directions could not be sustained in light of existing government regulations governing sterilisation procedures.

The case involved a female petitioner who became pregnant after undergoing family planning surgery. Following the death of her husband, she was left to raise the child alone, prompting the single judge to award the financial relief and educational assistance.

Addressing the earlier decision, the bench acknowledged the circumstances that led to the ruling. The court noted that it could understand the sympathy expressed by the single judge towards the petitioner, who faced difficulties raising the child alone after losing her husband. However, the bench held that because a government order was already in place providing ₹60,000 as compensation in cases involving the failure of a tubectomy, the higher compensation granted by the single judge could not stand.

In its decision, the bench cited a previous judgment delivered by a division bench of the court in the Dhanam case. The court pointed out that medical standards and quality assurance guidelines in sterilisation services recognise that female sterilisation carries an inherent risk of failure, estimated at about five in 1,000 cases during the first year.

The court also noted the standard medical protocol laid down for such situations. Under these guidelines, a woman who misses her menstrual period following the procedure is expected to report to a health facility within two weeks, where she should be offered free termination of pregnancy alongside repeat sterilisation.