Spell out compensation for sterilisation deaths: SC

January 31, 2015 12:00 am | Updated 05:33 am IST - NEW DELHI:

Terming the deaths of over 10 women, who underwent sterilisation procedures in government camps in Bilaspur district of Chhattisgarh, a “tragedy,” the Supreme Court on Friday directed the State government to reveal steps taken to indemnify and compensate the victims.

The Social Justice Bench, led by Justice Madan B. Lokur, said the deaths remained “fresh” in public memory, and steps must be taken by both the Centre and the State to disburse funds to the victims.

Besides the deaths, over 30 people were reported critical after undergoing “faulty” surgeries at the government-organised camp.

Eighty-three women allegedly underwent the procedure in five hours at the free camps, organised by the Health Department on November 8.

The Bench said the Bilaspur deaths occurred despite specific directives issued by the court in 2005 in the Ramakant Rai versus Union of India case to ensure uniform norms and safety and quality in sterilisation procedures.

In its 2005 order, the court had ordered the creation of medical panels for conducting sterilisation procedures, uniform proforma for obtaining consent from patients, and insurance policies.

Justice Lokur said the State had to honour the conditions of the Family Planning Indemnity Scheme framed by the Health Ministry, which included cash compensation to patients for loss of wages, transport, diet, drugs and dressing from funds provided by the Centre to the States under the scheme. The scheme provided for payment of an ex gratia of Rs. 50,000 in the “unlikely” case of death due to medical complications post sterilisation.

“The State of Chhattisgarh has to detail steps taken to indemnify the persons who died in the recent tragedy in government camps at Bilaspur. What action has been taken against the doctors and what measures taken to make sterilisation safe,” the court asked.

The Bench also sought the status of compensation to be paid by the State to the victims. The State has to respond by April 17.

What action has been taken against the doctors and what measures taken to make sterilisation safe, the Court asked Chhattisgarh govt.

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