Case Note & Summary
In 2013, a public interest litigation was filed by Dr Narendra Gupta, addressing the issue of unnecessary hysterectomies performed under government health schemes in Bihar, Chhattisgarh, and Rajasthan. The petitioner highlighted that many women, particularly from marginalized communities, were subjected to these procedures without medical necessity, endangering their health. The Supreme Court directed the Secretary of the Ministry of Health and Family Welfare (MoHFW) to examine the grievances raised and report back. The court noted that the states involved had acknowledged the validity of the allegations, with Bihar taking steps to regulate hysterectomies by requiring permission from insurance providers for women under 40. The court emphasized the right to health as a fundamental right under Article 21 of the Constitution, indicating a serious violation of women's rights due to unnecessary surgeries. In 2022, MoHFW issued guidelines to prevent unnecessary hysterectomies, which were to be adopted by all states and union territories. The court mandated the formation of monitoring committees to ensure compliance with these guidelines and directed that all states report their adherence within three months. The court also accepted suggestions from the petitioner’s counsel regarding the need for certification by multiple doctors for hysterectomies performed on younger women and the blacklisting of hospitals that perform unnecessary procedures without informed consent. The court concluded that the petition could be disposed of as the necessary steps were being taken by the government and states to address the issue.
Headnote
A) Constitutional Law - Right to Health - Intrinsic Element of Right to Life - Article 21 of the Constitution - The court recognized the right to health as an intrinsic element of the right to life, highlighting serious violations of women's fundamental rights due to unnecessary hysterectomies. The court directed all states and union territories to adopt guidelines to prevent unnecessary hysterectomies within three months and report compliance (Paras 5, 13). B) Administrative Law - Guidelines for Health Care - Compliance and Monitoring - The court mandated the establishment of monitoring committees at district, state, and national levels to oversee the implementation of guidelines aimed at preventing unnecessary hysterectomies, ensuring that hospitals are aware of these guidelines (Paras 9, 19).
Issue of Consideration
Whether the guidelines issued by the Ministry of Health and Family Welfare to prevent unnecessary hysterectomies should be adopted and implemented by all states and union territories.
Final Decision
The court directed all states and union territories to adopt the guidelines issued by MoHFW within three months and report compliance. It mandated the establishment of monitoring committees to oversee the implementation of these guidelines and emphasized the need for informed consent and certification by multiple doctors for hysterectomies performed on younger women.
Law Points
- Public interest litigation
- unnecessary hysterectomies
- right to health
- Article 21
- guidelines compliance
- monitoring committees
