Kendrapara: The National Human Rights Commission(NHRC) has recommended Odisha government to pay a compensation of Rs.1 lakh and ensure the recanalization operation of a speech-impaired unmarried tribal youth who was subjected to a family planning operation forcibly without following due procedure.
Adjudging a petition filed by Rights Activist Radhakanta Tripathy, the NHRC passed the order on March 1 last after receiving reports from the State Government.
Tripathy in his petition alleged that health officials of Maithili Sub-Divisional Hospital, Malkangiri District of Odisha had performed a vasectomy on August 3, 2023 on one Divyang (dumb) unmarried youth Ganga Durua, of a Scheduled Tribe community of Kosarbata village for the sake of highlighting increased cases of vasectomies in the area.
He alleged the operation was carried out based on an ASHA worker's report but without obtaining any consent of the victim and requested the NHRC for an impartial investigation of the case and compensation, and justice to the victim.
According to the NHRC notice, the State government in its reply stated that compensation of Rs.2000 could not be paid to the victim as he did not have a bank account.
This was found to be against the procedure of Direct Beneficiary Transfer and the amount disbursed to the ASHA worker had to be recovered and to be paid directly to the bank account of the actual beneficiary.
The operating surgeon was issued a show-cause notice by the CDM and PHO, Malkangiri for the lapses in determining eligibility and conducting of surgery without proper screening.
The NHRC issued a notice to the Odisha Chief Secretary directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs1 lakh to the victim.
In reply to the show cause notice, the operating surgeon mentioned that the negligence had been done unknowingly by him.
The recanalization of the NSV in the case of Ganga Durua, needs to be done after obtaining voluntary consent from him.
If he agrees to the procedure, then Superintendent SDH Maithili has to ensure the provision of travel, procedure-related requirements, and necessary coordination support for the same.
In another report, the Malkangiri administration stated that action had been taken against the Asha worker.
The Joint Secretary, of Health and Family Welfare, has submitted a reply to the show cause notice admitting the negligence on the part of government officials.
However,the NHRC was requested to exonerate the State from payment of compensation.
The material on record reflects that the vasectomy operation of Ganga Durura was conducted without due diligence, the NHRC observed.
It is also an admitted fact that the State Government has taken action against the erring officials involved. It is further stated that they are taking necessary steps for recanalization of non-surgical vasectomy in case of the victim after obtaining voluntary consent from the victim and by following due procedure.
The NHRC in its order stated “It is pertinent to observe that mere action against the erring officials and recanalization operation is not sufficient to undo the wrong.
The negligence on the part of involved officials is loud and clear, the NHRC said and stated that it is fit case to recommend compensation” and sought a report within four weeks.
