Supreme Court Seeks Centre's Response On PIL Seeking Prevention Of Forced Hysterectomies

The Supreme Court of India directed the Union of India to file a reply in a PIL highlighting the issue of alleged illegal and forced hysterectomies conducted on women from marginalised communities in the States of Bihar, Chattisgarh, and Rajasthan. The PIL was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. On the last occasion, the Apex Court had asked the Union to file a reply in the matter but the same was not done. 

Today, the counsel for petitioner submitted–

"The state governments have also accepted in their affidavits that this is going on. There are three states – Bihar, Chhattisgarh, Rajasthan. Bihar has also taken suo moto cognizance. The Human Rights Commission also admits that this is going on. My request is to keep it pending and let the Union file a reply. This is a central scheme."

Taking a note of the same, CJI DY Chandrachud dictated the following order–

"On 13 December 2022, this court had directed the Secretary of the Union Ministry of Health and Family Welfare to file a response examining the grievance that hysterectomies were unnecessarily being carried out in the states of Bihar, Chhattisgarh, and Rajasthan over the relevant period. Union of India has not filed its response. The Union of India shall comply by the next date. We request Ms Aishwarya Bhati, ASG to assist the court."

The PIL has been filed by Dr. Narendra Gupta seeking to address the violation of fundamental rights (Articles 14, 15, 21) and governmental healthcare programs, which were documented in an RTI and several newspaper reports. The petition requested 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, improved rural healthcare infrastructure, and the suspension and criminal liability of involved doctors.

The petition claims that several Below Poverty Line (BPL) women were compelled to travel long distances to private hospitals due to the inadequacy of government healthcare programs. Once there, these women were coerced into undergoing hysterectomies, despite complaining of abdominal pain and poor menstrual health. This led to aggravated menstrual health and increased cancer risk, allegedly performed by private hospitals through coercion, threats, and even abduction for profit.

The petition has argued that these procedures were carried out without informed consent and that nearly 286 unnecessary hysterectomies were performed in Rajasthan alone, with Bihar and Chhattisgarh following suit. The case has been ongoing since March 18, 2013.

Case Title: Dr. Narendra Gupta v. UoI And Ors. WP(C) No. 131/2013