for sterilization operation. Moreover, the petitioner could not provide any evidence to prove her claim that she paid Rs 65 for the operation and that the grant given by the government was retained by the respondents.
Hence, she is not entitled to any claim on the ground that she paid fee for the operation.
In yet another case – Dr PR Venugopal versus TK Sheena and others – decided in the National Commission by the Coordinate Bench in October 2014, the Commission held thus:
‘In the case in hand, Dr Venugopal was a qualified gynaecologist. We do not find any negligence committed by him in conducting the tubectomy operation. He had explained the fact of non-resection of right fallopian tube, and asked the patient to go for hysterosalpingogram (HSG), an infertility test. The patient did not turn up for further investigations as advised. The surgery was performed by a technique known and recognized by medical science. Therefore, in our opinion failure, due to natural causes would not provide any ground for claim. And if the couple opts for bearing the child, it ceases to be an unwanted child.’
Points to Note
any ground for claim. If the couple opts for bearing the child, it ceases to be an unwanted child. in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of childbirth. pregnancy, it can be terminated and this is legal and permissible under Medical Termination of Pregnancy Act, 1971.