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2005 DIGILAW 1618 (SC)

Ramakant Rai v. Union of India

2005-10-05

C.K.THAKKER, RUMA PAL, S.H.KAPADIA

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ORDER : Ruma Pal, J. State of Assam Four weeks? time to show compliance with Direction 7 to bring into effect the insurance policy like the one in Tamil Nadu, failing which the Secretary (Health) will remain present in this Court. State of Rajasthan 2. Substantial compliance is noted. Union Territory of Chandigarh 3. The Secretary (Health) of the Union Territory of Chandigarh to be present at the next hearing four weeks hence showing compliance with the directions already issued by this Court. State of Mizoram 4. The Secretary (Health) of the State of Mizoram to be present four weeks hence showing compliance with the directions already issued by this Court. State of Uttar Pradesh 5. Four weeks? time to show compliance with Direction 8 failing which the Secretary (Health) will remain present in this Court. State of Andhra Pradesh 6. Four weeks? time is granted to show compliance with Directions 6 and 7 issued by this Court. This further affidavit be filed within a period of four weeks. In default the Secretary (Health) will be present before this Court. State of Nagaland 7. Four weeks? time to show compliance with Directions 1, 6 and 7. Affidavit to that effect be filed within a period of four weeks failing which the Secretary (Health) will remain in this Court. State of Orissa 8. As far as the State of Orissa is concerned there has been substantial compliance with Directions 1 to 7. However, as far as Direction 8 is concerned there is no compliance as yet. An affidavit to be filed within a period of four weeks. Further appearance of the Secretary (Health) is dispensed with. State of Meghalaya 9. The Secretary (Health) of the State is personally present. His further presence is dispensed with. It is recorded that the State of Meghalaya has substantially complied with the directions issued by this Court. State of Chhattisgarh 10. As far as the Secretary (Health) of the State of Chhattisgarh is concerned the exemption is granted as far as his presence is concerned. However, there has been no compliance with Direction 1 which is stated to be under process. Four weeks? time is granted to comply with the directions issued by this Court and to file an affidavit of compliance. State of Karnataka 11. The Secretary (Health) of the State of Karnataka is present. However, his further presence is dispensed with. However, there has been no compliance with Direction 1 which is stated to be under process. Four weeks? time is granted to comply with the directions issued by this Court and to file an affidavit of compliance. State of Karnataka 11. The Secretary (Health) of the State of Karnataka is present. However, his further presence is dispensed with. The affidavit showing partial compliance has been filed. There has been no full compliance with Directions 1, 4, 6 and 8. Four weeks? time is granted to report compliance with the remaining directions. It is stated by the learned counsel that there has been compliance. This will be incorporated in the affidavit. NCT of Delhi 12. Four weeks? time is granted to report compliance with the directions issued by this Court. In default, the Secretary (Health) will remain present before this Court when the matter is next listed. Union Territory of Dadra and Nagar Haveli 13. Four weeks? time is granted to the Union Territory of Dadra and Nagar Haveli to file the copies of the relevant documents such as the consent form, etc., failing which, the Secretary (Health) to be present before this Court. State of Madhya Pradesh 14. Four weeks? time is granted to bring into effect the insurance policy, failing which the Secretary (Health) to be present before this Court. State of Himachal Pradesh 15. Four weeks? time is granted for showing compliance with Directions 5, 6, 7 or 8 stated below, failing which the Secretary (Health) will remain present before this Court. Union Territory of Pondicherry 16. Four weeks? time is granted to comply with Directions 6, 7 or 8 stated below, failing which the Secretary (Health) will remain present before this Court. State of Sikkim 17. Four weeks? time is granted to comply with Direction 7 or 8 as stated below, failing which the Secretary (Health) will remain present before this Court. State of Gujarat 18. Four weeks? time is granted to comply with the option to Direction 7 as stated below, failing which the Secretary (Health) will remain present before this Court. State of West Bengal 19. As far as the State of West Bengal is concerned there has been substantial compliance. However, Directions 1 and 7 or the option thereto as given below are yet to be fully complied with. Four weeks? time to file an affidavit to this effect. State of West Bengal 19. As far as the State of West Bengal is concerned there has been substantial compliance. However, Directions 1 and 7 or the option thereto as given below are yet to be fully complied with. Four weeks? time to file an affidavit to this effect. In default the Secretary (Health) will remain present before this Court. State of Kerala 20. As far as the State of Kerala is concerned it is stated by the learned counsel that further affidavit will be filed within a period of four weeks as far as Direction 3 is concerned. State of Goa 21. Four weeks? time is granted to file a copy of the notification in respect of Direction 8 if not already filed. State of Maharashtra 22. The State of Maharashtra has complied with all the directions except Direction 7 according to the State. This would be the cost of premium. They have therefore enhanced the ex gratia. They are already paying on account of incapacitation and post-operative complications and they have already filed an affidavit to that effect. In that view of the matter, it is recorded that the directions have been complied with. State of Punjab 23. As far as the State of Punjab is concerned they have complied with all the directions except Direction 7. They shall have the option to increase the ex gratia payable under Direction 8 as given below. They shall file an affidavit of compliance within four weeks, failing which the Secretary (Health) will remain present when the matter is next listed. State of Tripura 24. Four weeks? time is granted to report compliance as far as Direction 7 is concerned. State of Haryana 25. The compensation under Serial No. 8 is increased by a further sum of Rs. 1 lakh on account of the death due to sterilisation. It is recorded that Rs. 50,000 is said to have been paid on account of post-operative complications and Rs. 80,000 on account of incapacitation. The necessary notifications will be issued in this regard within a period of four weeks from date. The preparation of the panel shall also be notified. State of Jharkhand 26. It is recorded that the State of Jharkhand has duly complied with all the directions issued by this Court. State of Manipur 27. Four weeks? 80,000 on account of incapacitation. The necessary notifications will be issued in this regard within a period of four weeks from date. The preparation of the panel shall also be notified. State of Jharkhand 26. It is recorded that the State of Jharkhand has duly complied with all the directions issued by this Court. State of Manipur 27. Four weeks? time is granted to report compliance with either Direction 7 or 8 according to the option given below. The copies of the necessary notification to be issued in the meantime. State of Arunachal Pradesh 28. Four weeks? time is granted to report compliance with Directions 3, 4, 7 or 8 as directed hereunder. State of Bihar 29. It is recorded that the State of Bihar has duly complied with the directions issued by this Court. State of Tamil Nadu 30. It is recorded that the State of Tamil Nadu has duly complied with the directions issued by this Court. Union of India 31. It is being made clear that in addition to the directions issued it will be open to impose such further additional requirement as it may choose. Four weeks? time is granted to the Union of India to file a further affidavit as already directed. In default the Secretary (Health) will remain present in this Court. 32. All the States which have few mortalities arising out of sterilisation or where the insurance premium payable is not commensurate with the likelihood of compensation, will have the option of either taking out an insurance policy as already directed under Direction 7 or increasing the ex gratia compensation under Direction 8 to Rs. 2 lakhs per death, Rs. 50,000 for incapacitation and Rs. 30,000 for post-operative complications or failure. 33. List the matter after four weeks.