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april 2000

Supreme Court of India · 2000-04-24

STATE OF HARYANA vs SANTRA

Citation / case number
SC 1999/18441
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
SANTRA
Author
D.P.WADHWA S.S.AHMAD
Bench
D.P.WADHWA S.S.AHMAD

Judgment text excerpt

The Supreme Court held that the failure of sterilisation performed on Smt. Santra constituted medical negligence, as the operation was incomplete, leading to an unwanted pregnancy. The Court affirmed the lower court's decree awarding Rs.54,000 in damages, rejecting the State's claims of no negligence and the argument of estoppel based on a consent form. The judgment emphasized the duty of medical professionals to ensure complete and successful sterilisation under the Sterilisation Scheme, thereby establishing liability for medical negligence under tort law.

STATE OF HARYANA vs SANTRA · Niyam