Based on his field work, the petitioner has brought to our notice the fact that women, who should not have been subjected to hysterectomies and to whom alternative treatment could have been extended, were subjected to hysterectomies.
For instance, the affidavit filed by the State of Bihar indicates that steps were taken by the district authorities in Kishanganj, Madhubani, Samastipur and Saran to enquire into complaints regarding unnecessary hysterectomies.
The State of Chhattisgarh constituted a High Powered Committee which found that the hysterectomies in the state could not be termed as “wholly unneeded.”
The right to health is an intrinsic element of the right to life under Article 21 of the Constitution.
Also Read: https://newslaw.in/case-type/civil/analyzing-the-courts-legal-analysis/
The Guidelines indicate that while in developed countries hysterectomies are typically conducted amongst pre- menopausal women above the age of forty-five years, in India, community based studies have consistently found rising hysterectomy rates among young women, ranging from twenty-eight to thirty-six years of age.
Chapter 3 also deals with District, State and National Hysterectomy Monitoring Committees in the following terms: 6 7 8 10.
The Union government has set out the details of procedures and State/UT-wise details of authorized hospital admissions for the purpose of hysterectomies under the Scheme.
Also Read: https://newslaw.in/case-type/criminal/alleged-misuse-of-official-position-courts-legal-analysis/
All States and Union Territories shall adopt the Guidelines within three months and report compliance to MoHFW; b.
The Additional Solicitor General submitted that while certain States already have such a procedure in place, the network of government hospitals may not be adequate enough to implement such a regulation across India even if it were made.
Case Title: DR. NARENDRA GUPTA Vs. UNION OF INDIA (2023 INSC 322)
Case Number: W.P.(C) No.-000131-000131 / 2013
