SC issues notice to Centre on plea over unlawful hysterectomies in Rajasthan, Bihar and Chhattisgarh

New Delhi: A Public Interest Litigation (PIL) recently filed by a doctor in the Supreme court has brought out the case of illegal and forced hysterectomies conducted on women from marginalized locations by private healthcare and the lack of adequate government healthcare programmes in Rajasthan, Bihar and Chhattisgarh.  

The court subsequently issued a notice to the Union government on the PIL, asking the Ministry of Health and Family Welfare, Government of India to look at the grievances raised in the petition, collect information about them and submit a final response by eight weeks. 

Also Read: Hysterectomy leading to VVF: NCDRC exonerates Bengal hospital, Doctor of medical negligence

The notice was issued to the union government by a bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justice Pamidighantam Sri Narasimha. 

The doctor in the PIL stated that women are forced to cover around 100 kilometres to get treated in private hospitals since there are not enough number of government healthcare programmes in the states of Rajasthan, Bihar and Chhattisgarh. 

The petitioner brought out examples of various women from Below Poverty Line (BPL) families who were forced to go to private hospitals due to abdominal pain and issues related to menstrual health and were subsequently forced into Hysterectomies. The doctor alleged that the private hospitals used coercion, threats and sometimes abduction to force them to Hysterectomy "..which aggravated their poor menstrual health and increased the risk of cancer". 

He further observed that around 286 unnecessary hysterectomies were reported from Rajasthan, which violates the fundamental rights of women, including Articles 14, 15 and 21. The doctor sought proper monitoring, inspection and accountability mechanisms in private healthcare hospitals, reports the Lawbeat. 

He demanded punishment in the form of a suspension and criminal liability against doctors involved with performing forced and illegal hysterectomies. The petitioner also sought an independent monitoring of the functioning of the Rashtriya Swasthya Bima Yojana (RSBY) scheme. 

The petitioner requested the court to direct the respondent to improve rural healthcare infrastructure and provide adequate compensation for medical costs & violation of constitutional rights.

Also Read:Botched Hysterectomy: 2 doctors sentenced 2 years, 1 doctor 6 months jailtime