Orissa High Court Intervenes in Sterilization Compensation Case
The Orissa High Court in Cuttack has issued a significant stay order, halting a directive from the Odisha Human Rights Commission (OHRC) that required the state government to provide Rs 5 lakh in compensation to a woman who became pregnant despite undergoing a sterilization procedure under a government family planning program.
Legal Proceedings and State's Argument
On Monday, a bench presided over by Justice S K Panigrahi granted the stay after considering a writ petition filed by the state government. The court issued notices and suspended the operation of the OHRC's order dated May 21, 2024, until the next scheduled hearing on March 5.
The state government presented a compelling legal argument against the OHRC's jurisdiction in this matter. It contended that the case did not constitute a violation of human rights and that the complainant had other statutory avenues available to seek redress. Specifically, the state pointed to consumer protection laws or civil litigation as appropriate channels for claiming damages related to alleged medical negligence or service deficiency.
The government's petition emphasized that involving the Human Rights Commission in such circumstances was legally misguided, as the issue fell outside its purview of human rights violations.
Background of the Case
The case centers on D Banita Dora, a resident of Ganjam district, who underwent a tubectomy procedure on July 7, 2021, at the Baranokei Community Health Centre (CHC) as part of the government's family planning initiative. The surgery was performed by a medical officer from the Sheragada CHC.
During a routine medical check-up at the Digapahandi CHC on January 29, 2022, Dora was unexpectedly diagnosed as pregnant. She subsequently underwent a medical termination of the pregnancy and received necessary post-abortion care at the District Headquarters Hospital in Berhampur.
Human Rights Commission Involvement
Following the sterilization failure, a petition was submitted to the National Human Rights Commission on January 29, 2022, by Manas Samantaray, requesting an investigation into the matter. The complaint was forwarded to the OHRC on February 10, 2022. Dora also filed a separate complaint with the OHRC during the same year.
After thorough examination of the case, the OHRC issued its recommendation on May 21, 2024, directing the state to pay Rs 5 lakh compensation to Dora. Additionally, the commission advised initiating departmental proceedings against the concerned medical officials involved in the sterilization procedure.
State's Compensation and Legal Challenge
In its challenge to the OHRC's recommendation, the state government revealed that it had already sanctioned Rs 60,000 in compensation for Dora on August 30, 2024, under the Family Planning Indemnity Scheme specifically designed for sterilization failures. The government filed its petition with the High Court on February 2 of this year, arguing that the additional compensation ordered by the OHRC was unwarranted given the existing compensation mechanism.
This legal development highlights the complex interplay between medical accountability, government welfare schemes, and the jurisdictional boundaries of human rights commissions in cases of alleged medical service deficiencies.
