【新唐人2015年2月2日讯】中国大陆的所谓“计划生育”政策，因普遍采用强制堕胎、结扎等粗暴方式，导致众多妇女病患缠身甚至死亡。受害者往往上访无门，还备受打压。日前，江西的一位农妇夏润英，在无奈之下提起行政诉讼，成为全国状告中共强制结扎的第一案。但这一诉讼却遭到了法院驳回，面临夭折的命运。请看报导。
江西省赣州市大余县黄龙镇农妇夏润英，在两年前被当地计生委强制结扎，造成严重病症，丧失基本劳动能力。夏润英和家人多次要求计生部门，对其进行免费检查和治疗，但遭到粗暴对待。
今年1月7号，夏润英向南昌市中级法院提交行政起诉书，状告当地政府部门对她进行强制结扎。诉状中列有5个被告，分别是：江西省卫生和计划生育委员会、赣州市人口和计划生育委员会、大余县人口和计划生育委员会、黄龙镇政府、大余县计划生育服务站。
夏润英要求确认被告强制实施输卵管结扎手术的行为违法，并要求获得赔偿，如免费治疗、生活补助以及精神损害赔偿等。
《美国之音》中文网报导，长时间以来，中国的抗议者们都是在请求中共中央帮助，解决当地官员的错误。但是现在夏润英不再请求帮助，而是开始起诉政府。这可以看作是一个新趋势的开端。
北京妇女权利组织“女权之声”活跃人士熊婧表示，夏润英这样的遭遇在中国很常见，但她是第一个起诉政府并要求赔偿的。熊婧认为，这非常重要，可能对其他有同样经历的中国妇女是一种鼓励。
夏润英的代理律师陆妙卿表示，计生委等部门的强制行为属于违法行为，法院通常会受理此类有关程序违法的案件。但法院却驳回了夏润英的诉讼，号称她的健康问题和强制结扎没有关系。
夏润英丈夫廖小华：“4月10号结扎，4、5、6三个月月经期出现大出血，就是做了结扎手术后造成的，现在身体瘦了30斤左右，以前是102斤，现在只剩下71.2斤。医生说，肚子里、结扎口里面有瘀血。”
据大陆《第一财经日报》报导，夏润英在起诉书中讲述：2012年4月10号清晨，她被20多名计生人员从家中强行带至大余县计生服务站。夏润英拒绝签字，并提出自己患有贫血，希望以上环替代。但遭到工作人员粗暴拒绝，于是在未经本人签字、未进行B超检查的情况下，被强行实施了结扎手术。
夏润英丈夫廖小华：“4个人抬起来走的，到了结扎的地方。他说：如果我老婆不结扎，他拿绳子绑着去结扎。就这么厉害，这样的政府。他这样吓唬我，逼着我签字。到了计生服务站结扎的时候就说：今天给你抓来了，你不结扎也要结扎。”
手术后不久，此前还算健康的夏润英，身体迅速恶化，出现免疫力低下、腹痛、咳血、慢性咽喉炎、右肺叶支气管感染等病症，被确诊患有盆腔静脉瘀血症、静脉中度扩张、盆腔炎等疾病。
丧失了基本劳动能力的夏润英要求计生部门能够提供免费检查和治疗，但计生办不愿承担责任，并对其进行威胁。
廖小华说：“能不能给我们点生活费，给我们低保啊？他说，代表共产党把我老婆给埋掉，再来，就打110抓我们。”
于是，夏润英申请了“计划生育”手术并发症鉴定。但大余县、赣州市、江西省的计生部门都一致认定，夏润英的病情不能定为结扎并发症。
对此，夏润英不服，于是提交诉状，将当地政府相关部门告上法庭。
编辑/李谦
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
