Case Note & Summary
The petitioners, H Kusuma and Nataraja K, are the parents and primary caregivers of their daughter Ms. Harshitha N (referred to as X), aged about 25 years, who suffers from cerebral palsy, mental retardation, and epilepsy. She is unable to give consent for medical procedures. The parents sought permission from the High Court of Karnataka to undertake hysterectomy (removal of uterus) for their daughter, claiming it is in her best interest, dignity, health, and welfare. They also sought a declaration that the procedure is in her best interest and a direction to Respondent No.2 (Commissionerate of Health and Family Welfare Service) to proceed without medico-legal impediment. The court, after considering the medical reports and the inability of the patient to consent, allowed the petition, holding that the procedure is in the best interest of the patient. The court directed the respondent to proceed with the procedure without any medico-legal impediment.
Headnote
A) Medical Law - Therapeutic Hysterectomy - Best Interest of Patient - The court considered a petition by parents seeking permission for hysterectomy of their mentally disabled daughter, aged about 25 years, who suffers from cerebral palsy, mental retardation, and epilepsy, and is unable to give consent. The court held that the procedure is in the best interest, dignity, health, and welfare of the patient, and directed the respondent to proceed without medico-legal impediment (Paras 1-3).
Issue of Consideration
Whether the court should permit the parents of a mentally disabled adult woman to undertake hysterectomy (removal of uterus) in her best interest, health, and welfare.
Final Decision
The court allowed the writ petition, permitting the petitioners to undertake hysterectomy of their daughter, declaring that the procedure is in her best interest, dignity, health, and welfare, and directing Respondent No.2 to proceed with the procedure without any medico-legal impediment.
Law Points
- Best interest of patient
- medical necessity
- parental consent for mentally disabled adult
- therapeutic hysterectomy
- writ jurisdiction under Articles 226 and 227
Case Details
2026 LawText (KAR) (06) 63
WP No. 14350 of 2026 (GM-RES)
Zulfi Sultana (for petitioners), Mohammed Jaffar Shah (AGA for respondents)
Chief Secretary to Government and Commissionerate of Health and Family Welfare Service
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking permission for hysterectomy of a mentally disabled adult daughter.
Remedy Sought
The petitioners (parents) sought permission to undertake hysterectomy of their daughter, a declaration that the procedure is in her best interest, and a direction to Respondent No.2 to proceed without medico-legal impediment.
Filing Reason
The daughter, aged about 25 years, suffers from cerebral palsy, mental retardation, and epilepsy, and is unable to give consent. The parents believe hysterectomy is in her best interest, dignity, health, and welfare.
Issues
Whether the court should permit hysterectomy for a mentally disabled adult woman who cannot consent, based on her best interest.
Submissions/Arguments
The petitioners argued that the procedure is in the best interest, dignity, health, and welfare of their daughter, who suffers from cerebral palsy, mental retardation, and epilepsy, and is unable to give consent.
Ratio Decidendi
The court held that where a patient is mentally disabled and unable to give consent, the court may permit a therapeutic procedure like hysterectomy if it is in the best interest, dignity, health, and welfare of the patient, based on medical advice and parental consent.
Judgment Excerpts
The petitioners are before this Court seeking for the following reliefs: a. Permit the petitioners to undertake hysterectomy (removal of uterus) of their daughter, Ms. Harshitha N; b. Declare that the said procedure is in the best interest, dignity, health and welfare of the patient; c. Direct Respondent No.2 to proceed with the procedure without medico-legal impediment.
The petitioners, who are the parents and primary caregivers of their daughter (X), aged about 25 years, suffering from cerebral palsy, mental retardation, and epilepsy, are unable to give consent.
The court allowed the petition, holding that the procedure is in the best interest, dignity, health, and welfare of the patient, and directed the respondent to proceed without medico-legal impediment.
Procedural History
The writ petition was filed on an unspecified date and came up for orders on 17 June 2026, when the court passed the oral order allowing the petition.
Acts & Sections
- Constitution of India: Articles 226, 227
