Unwanted Pregnancy after Sterilization
Law study is a never ending process. Several times you come across with certain judgments, which must be made known to all those concerned. Co-incidentally, there are 2 consecutive “3 Judges Bench” Judgment of Hon’ble Apex Court, which DRs. must know:
1) State of Haryana V/s. Raj Rani – AIR 2005 SC 3279.
http://judis.nic.in/supremecourt/qrydisp.aspx?filename=27144
&
2) State of Punjab V/s. Shiv Ram – AIR 2005 SC 3280
http://judis.nic.in/supremecourt/qrydisp.aspx?filename=27141
3) The National Commission has also relied upon these two judgments in the case of St. Stephens Hospital V/s. Smt. Shalini. REVISION PETITION NO. 2758 of 2008
http://164.100.72.12/…/judgem…/00130531131911393RP275808.htm
The observations of their Lordships may be summarized as under :
a) The doctor can be held liable only in cases where the failure of the operation is attributable to his negligence and not otherwise. The burden of proving Negligence is on the Complainant.
b) Even as per Medical Literature, the percentage of failure of the sterilization operation due to natural causes to be varying between 0.3% to 7% depending on the techniques or method chosen for performing the surgery out of the several prevalent and acceptable ones in medical science.
c) The methods of sterilization so far known (at least till 2005) to medical science which are most popular and prevalent are not 100% safe and secure. The fallopian tubes which are cut and sealed may reunite and the woman may conceive though the surgery was performed by a proficient doctor, due to natural causes. Once the woman misses the menstrual cycle, it is expected of the couple to visit the doctor and seek medical advice. A reference to the provisions of the Medical Termination of Pregnancy Act, 1971 is apposite (relevant). Section 3 thereof permits termination of pregnancy by a registered medical practitioner, notwithstanding anything contained in the Indian Penal Code, 1860 in certain circumstances and within a period of 20 weeks of the length of pregnancy.
Always remember, ignorance of Law is not an excuse. So try to learn from mistakes of others.
Always remember, YOU CANNOT PREVENT ANYBODY FROM GOING TO COURT AGAINST YOU, YOU CAN DO PROPER DOCUMENTATION, PROPER INFORMED CONSENT & PROPER APPLICATION OF KNOWLEDGE, WHICH WILL HELP YOU TO WIN YOUR CASE.
Unwanted Pregnancy after Sterilization
An article by Adv. Rohit Erande, Pune.
