The Allahabad High Court’s Lucknow Bench, comprising Justice Sangeeta Chandra and Justice Shree Prakash Singh, delivered a significant judgment on August 8, 2024, in the case of Manju Devi vs. Union of India & Ors (Writ-C No. 6729 of 2024). The case revolved around a compensation claim filed by the petitioner, Manju Devi, following the birth of her fifth child despite undergoing a sterilization procedure.
Background of the Case
Manju Devi, a resident of Sitapur district, had undergone a vasectomy (sterilization) operation on August 26, 2019, at the Community Health Centre in Machrehta, Sitapur. Having already borne four children, she opted for the procedure under the belief that it would prevent further pregnancies. Despite this, she gave birth to a fifth child, a girl, on November 30, 2021.
Manju Devi subsequently filed a compensation claim under the Pariwar Niyojan Indemnity Scheme, a program by the National Health Mission aimed at providing financial relief in cases where sterilization operations fail. However, her claim was not processed, prompting her to seek legal recourse.
Legal Issues Involved
The core legal issue in the case was whether the petitioner was entitled to compensation under the Pariwar Niyojan Indemnity Scheme due to the failure of the sterilization procedure. The petitioner’s counsel, led by Advocates Amrendra Kumar, Neeraj Kumar Baghel, Piyush Pathak, and Priya Singh, argued that the sterilization failure had directly led to the birth of an additional child, imposing significant financial and emotional burdens on the petitioner. They contended that the authorities had not acted diligently in processing her compensation claim.
The respondents, represented by the learned Standing Counsel and ASGI, defended the actions of the state authorities, stating that the petitioner’s application was initially rejected due to missing documentation. They emphasized that the petitioner had not fulfilled all the necessary requirements for the claim to be processed.
Court’s Decision
The court, after hearing both sides, issued a clear directive to the Superintendent of the Community Health Centre in Machrehta, Sitapur. The court ordered that all necessary documents related to the petitioner’s claim be completed and resubmitted to the Chief Medical Officer (CMO) of Sitapur within three weeks from the date a certified copy of the order is produced before him. Furthermore, the CMO was instructed to examine the claim thoroughly and forward it to the Competent Authority within four weeks thereafter.
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In a significant observation, the court remarked, “The petitioner’s right to seek compensation under the scheme should not be denied due to administrative lapses.”
