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INDIA
Faced with frequent petitions filed by victims of failed sterilisation operations seeking compensation from the government, the SC summoned health secretaries of five states
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NEW DELHI: Faced with frequent petitions filed by victims of failed sterilisation operations seeking compensation from the government, the Supreme Court on Wednesday summoned health secretaries of five states for show cause. The secretaries were asked to explain why they had not implemented the Court's orders in March against conducting family-planning operations by inexperienced doctors.
The health secretaries of Delhi, Karnataka, Chattishgarh, Orissa and Meghalaya would have to be present on October 5 to explain why they did not implement the directions given on March 1 by the SC.
A Bench of Justices Ruma Pal and S B Sinha also questioned 10 other states for being ambiguous in their stand on a petition filed by Ramakant Rai wanting that specialised surgeons conduct sterilisation operations. It asked the states of Goa, Uttar Pradesh, Tripura, Manipur, West Bengal, Tamil Nadu, Punjab, Kerala, Haryana, Andhra Pradesh and Assam to file a reasoned affidavit within three weeks failing which the health secretaries concerned would have to be present in the Court on October 5.
Rai's counsel Colin Gonsalves told the court that many states have not implemented its directives. The apex court had ordered that no doctor without five years' experience would be allowed to carry out sterilisation operations and directed all state governments to pay Rs one lakh to the next of kin in the case of a patient's death.
It also directed the Centre to formulate within four weeks a uniform qualification criterion for empanelment of doctors. "For the time being, no doctor without gynaecological training for at least five years post-degree experience should be permitted to carry out sterilisation," the Court had said.
The SC had also directed that authorities concerned would not only hold an inquiry against a delinquent doctor and the organisation responsible for the death of a patient, but also remove the name of the doctor concerned from their panel if found guilty. Besides, the government had been asked to introduce an insurance policy on the pattern of Tamil Nadu. Jayalalithaa government provides Rs 2. 25 lakh compensation for the children of a woman, who dies during a sterilisation operation.