Rajasthan High Court - Jaipur
Smt Anita Devi vs State Of Raj & Ors on 13 December, 2011
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JUDGMENT S.B. CIVIL WRIT PETITION No.14898/2009 (Smt. Anita Devi Vs. State of Rajasthan & Ors.) Date of Order: 13/12/2011 HON'BLE MR. JUSTICE ALOK SHARMA Mr. Ajay Goyal, for the petitioner.
In this petition, the cause of action is stated to be founded upon a failed sterilization, which the petitioner underwent on 27.01.2009. According to the petitioner, owing to the failed sterilization, she conceived and gave birth to an unwanted child and consequently she is inter alia entitled to a grant of compensation of Rs.5,00,000/- for bringing up the said child. Alternatively, it has been prayed that the petitioner is entitled to grant of compensation for the failed sterilization as provided under the Family Planning Insurance Scheme framed by the Government of India (Ministry of health and Family Welfare) vide circular dated 06.07.2006.
As far as the question of payment of compensation following a failed sterilization and consequent birth of an unwanted child is concerned, the issue is fully covered by the judgment of the Hon'ble Supreme Court in the case of State of Punjab Vs. Shiv Ram & Ors. [(2005) 7 SCC 1] wherein the Hon'ble Supreme Court has held that such compenstion cannot be granted.
However, in respect of the case of the petitioner that she be granted the package provided under the under the Family Planning Insurance Scheme as framed by the Government of India (Ministry of health and Family Welfare) for a failed sterilization under its circular dated 06.07.2006, it appears that the petitioner has not made a proper representation / claim before the competent authority as provided for in the said scheme.
Consequently, I am of the view that this writ petition is presently not maintainable and ought to be dismissed as such.
However, in the event, the petitioner were to make a representation / claim to the competent authority under the circular/scheme dated 06.07.2006, pertaining to the Family Planning Insurance Scheme as framed by the Government of India (Ministry of health and Family Welfare), the competent authority is directed to address the said representation / claim within a period of four weeks from the date of filing of such representation / claim.
The writ petition stands disposed of accordingly.
(ALOK SHARMA), J.
MS/-