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august 2005

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.

State Of Haryana & Ors vs Raj Rani · Niyam