Supreme Court of India · 2005-08-25
State Of Punjab vs Shiv Ram & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 3280
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Shiv Ram & Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the issue of liability in cases of failed sterilization under the Family Planning Scheme, emphasizing that while sterilization has a failure rate, the State's responsibility arises from the promotion of the procedure. The Court held that the State is liable to compensate for the consequences of the failed sterilization operation, affirming the lower courts' decrees for damages under the principles of negligence. The judgment upheld the compensation of Rs.50,000 awarded to the plaintiffs, reinforcing the duty of care owed by the State in public health initiatives.