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august 2005

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.

State Of Punjab vs Shiv Ram & Ors · Niyam