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.