CUTTACK: Taking note of a failed tubectomy which led a woman to unwillingly conceive again, the Orissa High Court on Wednesday awarded a compensation of Rs 20,000 to her. The division bench of Chief Justice V Gopalagowda and Justice BN Mohapatra directed the State Government to pay the compensation to one Banita Nayak in four weeks. Banita of Barchana in Jajpur district had filed the writ petition seeking compensation of Rs 3 lakh for conceiving even after undergoing family planning operation. She gave birth to a male child following the tubectomy. According to case records, in 2002 the petitioner had undergone an operation at the Barchana hospital under the family planning scheme of the Government and a few days after the operation she conceived. She alleged that the unwilling conception and subsequent birth of a son had inflicted serious mental sufferings on her as she was not prepared to do so and she should, therefore, be compensated for such negligence. On the other hand, the government counsel stated before the court that as per the scheme, prior to operation the person concerned is informed that there is a chance of being unsuccessful and in such cases the woman would be entitled to ` 20,000 which would be paid by the Government. Accordingly the court passed the order.
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