【新唐人2015年2月2日訊】中國大陸的所謂「計劃生育」政策，因普遍採用強制墮胎、結紮等粗暴方式，導致眾多婦女病患纏身甚至死亡。受害者往往上訪無門，還備受打壓。日前，江西的一位農婦夏潤英，在無奈之下提起行政訴訟，成為全國狀告中共強制結紮的第一案。但這一訴訟卻遭到了法院駁回，面臨夭折的命運。請看報導。
江西省贛州市大余縣黃龍鎮農婦夏潤英，在兩年前被當地計生委強制結紮，造成嚴重病症，喪失基本勞動能力。夏潤英和家人多次要求計生部門，對其進行免費檢查和治療，但遭到粗暴對待。
今年1月7號，夏潤英向南昌市中級法院提交行政起訴書，狀告當地政府部門對她進行強制結紮。訴狀中列有5個被告，分別是：江西省衛生和計劃生育委員會、贛州市人口和計劃生育委員會、大余縣人口和計劃生育委員會、黃龍鎮政府、大余縣計劃生育服務站。
夏潤英要求確認被告強制實施輸卵管結紮手術的行為違法，並要求獲得賠償，如免費治療、生活補助以及精神損害賠償等。
《美國之音》中文網報導，長時間以來，中國的抗議者們都是在請求中共中央幫助，解決當地官員的錯誤。但是現在夏潤英不再請求幫助，而是開始起訴政府。這可以看作是一個新趨勢的開端。
北京婦女權利組織「女權之聲」活躍人士熊婧表示，夏潤英這樣的遭遇在中國很常見，但她是第一個起訴政府並要求賠償的。熊婧認為，這非常重要，可能對其他有同樣經歷的中國婦女是一種鼓勵。
夏潤英的代理律師陸妙卿表示，計生委等部門的強制行為屬於違法行為，法院通常會受理此類有關程序違法的案件。但法院卻駁回了夏潤英的訴訟，號稱她的健康問題和強制結紮沒有關係。
夏潤英丈夫廖小華：「4月10號結紮，4、5、6三個月月經期出現大出血，就是做了結紮手術後造成的，現在身體瘦了30斤左右，以前是102斤，現在只剩下71.2斤。醫生說，肚子裡、結紮口裡面有瘀血。」
據大陸《第一財經日報》報導，夏潤英在起訴書中講述：2012年4月10號清晨，她被20多名計生人員從家中強行帶至大余縣計生服務站。夏潤英拒絕簽字，並提出自己患有貧血，希望以上環替代。但遭到工作人員粗暴拒絕，於是在未經本人簽字、未進行B超檢查的情況下，被強行實施了結紮手術。
夏潤英丈夫廖小華：「4個人抬起來走的，到了結紮的地方。他說：如果我老婆不結紮，他拿繩子綁著去結紮。就這麼厲害，這樣的政府。他這樣嚇唬我，逼著我簽字。到了計生服務站結紮的時候就說：今天給你抓來了，你不結紮也要結紮。」
手術後不久，此前還算健康的夏潤英，身體迅速惡化，出現免疫力低下、腹痛、咳血、慢性咽喉炎、右肺葉支氣管感染等病症，被確診患有盆腔靜脈瘀血症、靜脈中度擴張、盆腔炎等疾病。
喪失了基本勞動能力的夏潤英要求計生部門能夠提供免費檢查和治療，但計生辦不願承擔責任，並對其進行威脅。
廖小華說：「能不能給我們點生活費，給我們低保啊？他說，代表共產黨把我老婆給埋掉，再來，就打110抓我們。」
於是，夏潤英申請了「計劃生育」手術併發症鑑定。但大余縣、贛州市、江西省的計生部門都一致認定，夏潤英的病情不能定為結紮併發症。
對此，夏潤英不服，於是提交訴狀，將當地政府相關部門告上法庭。
編輯/李謙
Jiangxi Rural Woman First to Sue CCP Over Forced Sterilization Issues
The Chinese Communist Party’s (CCP) so-called
one-child policy is widely implemented via forced abortion
or sterilization, which has led to serious illness or deaths
of many females.
When this happens, victims usually have no path to petition,
and they are severely suppressed if they do so.
Recently, a Jiangxi rural woman Xia Runying
became the first to sue the CCP government
over forced sterilization in China.
However, the local court declined to hear Xia’s suit.
Let’s take a look at the following report.
Xia Runying is a farm wife living in Huanglong Town,
Dayu County, Ganzhou City of Jiangxi Province.
Two years ago, she was subjected to forced sterilization
by local family planning officers.
The surgery seriously damaged Xia’s health,
and she lost the capability to perform labor.
Xia and her family demanded compensation
and free medical treatment from local family planning
organs many times, but were manhandled
by officers.
On Jan. 7, 2015, at an intermediate court in Nanchang City,
Xia Runying filed a lawsuit against the local CCP government
for forcing her to receive tubal ligation surgery.
Five governmental organs were accused— Jiangxi Provincial
Family Planning Committee, Ganzhou Municipal Family
Planning Committee, Dayu County Family Planning
Committee, Huanglong Town Government
and Dayu County Family Planning service station.
In her suit papers, Xia demanded court assertion
of forced tubal ligation surgery as an unlawful act,
and compensation for psychological damages
such as free medical treatment and living fees.
A Voice of America Chinese report said that Chinese
protesters have long conducted petitions via requests
to higher-level CCP government to solve problems
from their inferiors.
However, Xia Runying did not ask for help from the CCP.
Instead she filed a lawsuit against the government.
This can be regarded as the beginning of a new trend,
said the report.
Xiong Jing, an activist with Feminist Voice women’s rights
group, said Xia’s experience is frequently seen in China.
“But she was the first to file a lawsuit to the government
seeking compensation.
I think that is really important and may encourage other
Chinese women who are in a similar situation." said Xiong.
Lu Miaoqing, Xia’s lawyer, said compulsive acts
of family planning organs are illegal;
The CCP’s courts usually would accept such suits
over unlawful administrative procedures.
Despite this, Xia’s suit was rejected by the court,
which claimed that Xia’s illness had nothing to do
with forced sterilization.
Liao Xiaohua, husband of Xia Runying,
“The tubal ligation surgery was conducted on April 10.
Three months after the surgery, my wife suffered
mass hemorrhaging during her menstrual periods,
precisely caused by the forced sterilization.
Her weight dropped by 30 pounds
from 102 pounds to 71 pounds.
Doctors said there are congestions in her body
where ligation was applied."
According to China Business News, Xia Runying
told the following story in her suit papers.
On the morning of April 10, 2012, she was forcibly
taken away by over 20 officers to Dayu County
Family Planning Service Station.
Xia refused to sign the surgery agreement,
saying she had Anemia and demanded sterilization
with rings instead of tubal ligation surgery.
Her demand was rejected by officers, who forced her
to receive the ligation surgery and a B-ultrasound
without consent.
Liao Xiaohua: “Four people lifted her into the surgery center.
They even said my wife would be tied up
if she refused the surgery.
The government can do things like this.
I was also intimidated into signing the surgery agreement.
At the service station, they also said, ‘as we capture you
today, you have to receive the surgery no matter whether
you agree or not.'"
Soon after the ligation surgery, Xia Runying lost her health.
She suffered poor immunity, bellyache, coughing up blood,
chronic sore throat and bronchial infection.
Xia was diagnosed with pelvic inflammatory disease,
moderate phlebectasia, pelvic inflammation
and other diseases.
Having become disabled, Xia demanded the local family
planning organ offer free medical treatment for her diseases.
However, local officers refused to take responsibility
and intimidated Xia’s family.
Liao Xiaohua: “We asked for living fees and allowances
as compensation.
They responded, ‘how about you bury your wife for
the Communist Party’, and said they would call police
if we visited again."
Consequently, Xia applied for diagnosis and treatment
of complications resulting from family planning operations.
However, the county, municipal and provincial levels
all asserted that Xia’s illnesses are not complications
due to the ligation surgery.
This was unacceptable, and Xia Runying finally filed a suit
against all involved governmental organs.
Interview & Edit/LiQian
