The Supreme Court in the case Dr. Narendra Gupta v. UoI And Ors observed and has directed the Union of India for filing a reply in a PIL highlighting the issue of alleged illegal and forced hysterectomies which is being conducted on women from marginalized communities in the States of Bihar, Rajasthan and Chhattisgarh.
The bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the PIL listed.
Earlier. It has been asked by the Apex Court that the Union is to file a reply in the matter but the same was not being done.
It has been submitted by the counsel appearing for the petitioner that the state governments have also accepted in their affidavits that this is going on. Therefore, there being three states – Bihar, Chhattisgarh, Rajasthan. Bihar has also taken the suo moto cognizance. It has also been admitted by the Human Rights Commission that this gang is going on. Thus, the request is to keep it pending and let the Union file a reply and this being a central scheme.
The bench headed by CJI DY Chandrachud in its order stated that this court had directed the Secretary of the Union Ministry of Health and Family Welfare on 13.12.2022 for filing a response wherein it is examined the grievance that hysterectomies were unnecessarily being carried out in the states of Bihar, Chhattisgarh, and Rajasthan over the relevant period. Union of India for not filing its response. Thus, the Union of India shall comply by the next date. The court requested Aishwarya Bhati, ASG to assist the court in the said matter.
In the present case, a PIL has been filed by one Dr. Narendra Gupta wherein seeking to address the violation of fundamental rights (Article 14, Article 15, Article 21 of the constitution) and governmental healthcare programs, which were being documented in an RTI and several newspaper reports. It has also been requested in the plea that the establishment of monitoring, inspection, and accountability mechanisms in the private healthcare industry, as well as an independent monitor for regulating the Rashtriya Swasthya Bima Yojana (RSBY) scheme, compensation for medical costs and violation of Constitutional rights wherein improving the rural healthcare infrastructure, and the suspension and criminal liability of involved doctors.
It has also been stated in the plea that several Below Poverty Line, women are being compelled to travel long distances to private hospitals due to the inadequacy of government healthcare programs. Once there, the said women are being coerced into undergoing hysterectomies, despite complaining of abdominal pain and poor menstrual health. Therefore, the same led to aggravated menstrual health and increased cancer risk, wherein alleging the performed by private hospitals through coercion, threats, and even abduction for profit.
It has also been argued in the petition that their procedures were being carried out without informed consent and that nearly 286 unnecessary hysterectomies were performed in Rajasthan alone, with Bihar and Chhattisgarh which is following the suit.
