Supreme Court of India · 2005-08-29
State Of Haryana & Ors vs Raj Rani
- Citation / case number
- AIR 2005 SUPREME COURT 3279
- Court
- Supreme Court of India
- Petitioner
- State Of Haryana & Ors
- Respondent
- Raj Rani
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that a surgeon can only be held liable for negligence in sterilization operations if the failure of the procedure is attributable to such negligence, as established in State of Punjab v. Shiv Ram & Ors. The Court clarified that natural causes, such as spontaneous recanalisation, can lead to pregnancy despite a sterilization operation, and thus, in the absence of proof of negligence, the surgeon and the State cannot be held liable. Consequently, the appeals were allowed, and the decrees in favor of the plaintiffs were set aside, dismissing their suits without costs, while any payments made by the State would be treated as ex gratia and not subject to restitution.