The Supreme Court has overturned an NCDRC ruling ordering a hospital to compensate a woman who gave birth despite having tubectomy surgery. Despite having two tubectomy surgeries, both of which were unsuccessful in this case, the mother gave birth to a boy in the year 2003. Hence, she filed a complaint before the District Consumer Disputes Redressal Forum alleging medical negligence on account of failed tubectomy surgery, which was dismissed because the hospital is not a consumer. The same order was affirmed by the State Consumer Commission (SCDRC). 

However, later on, the National Consumer Commission (NCDRC) allowed the revision petition and directed the hospital to pay compensation as per the guidelines and the policy of the State.

The hospital raised two contentions in the hearing of the apex court: firstly, doctors′ hospitals who render service without any charge to every person availing of the service would not fall within the ambit of "service" under Section 2(1)(o) of the Act [relied on in Indian Medical Association Vs. V.P. Shantha & Ors., (1995) 6 SCC 651 ]; and secondly, the failed tubectomy surgery is not a case of medical negligence as the sterilized woman can become pregnant due to natural causes. [Referenced in State of Punjab vs. Shiv Ram & Others, (2005) 7 SCC 1].

The appellant’s reliance on the cases in which the statutes were established led the justices′ bench to overturn the NCDRC order and grant the appeal. The bench decided that the state would not be allowed to reclaim any money that had been given to the respondent by the NCDRC Order. In the meantime, the SC noted that the basis of action for demanding compensation in circumstances of unsuccessful sterilization operations comes on account of the surgeon′s carelessness and not due to delivery, thereby relating the court’s observation to the botched tubectomy procedure. The court added that the choice to undergo a medical abortion is up to the woman who conceived the child. However, if a couple decides to have a child despite having undergone sterilization, the kid no longer qualifies as an undesired child since they now know about how it was conceived.