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In December last year, the court had directed the Ministry of Health & Family Welfare to collate information about hysterectomies that were allegedly carried out illegally in Bihar, Rajasthan & Chattisgarh.
The Central Government on Wednesday placed before the Supreme Court an Action Plan to deal with the issue of unlawful and unnecessary hysterectomies.
A Public Interest Litigation pertaining to the inadequacy of government healthcare programmes in the states of Rajasthan, Bihar and Chhattisgarh, highlighting the issue of unlawful hysterectomies that are taking place in these states was filed last year.
It was demanded that the erring doctors who are found involved in such unlawful hysterectomies should be punished with suspension and imposition of criminal liability.
On Wednesday, ASG Bhati told court that Centre had prepared its guidelines to prevent unnecessary hysterectomies.
"We propose a strong and robust mechanism of monitoring and evaluation. There has to be reporting of the hysterectomies, causes especially for women below age of 40.", she added.
She further submitted before a bench of CJI Chandrachud and Justice Pardiwala that data had to be monitored at district and state level and Centre had suggested constitution of committees for the same.
"Guidelines incorporate the way of treatment, etc. It is very comprehensive. A grievance portal will also be set up which will be maintained by the National Health Authority. Please see page 22 of our status report/ action plan. We will also constitute the National Committee within 4-6 weeks...". ASG further submitted.
Court was further informed that States may capture the requisite data in accordance with Centre's guidelines and audit the same, because only then such cases could be checked. They can also be asked to take action against these doctors and hospitals, ASG said.
After hearing the parties at length, Court ordered thus, "The guidelines adopted by the Ministry of Health and Family Welfare are mentioned in the status report. The Ministry shall now engage with all states and UTs. We direct that all states and UTs shall adopt the same within three months."
Supreme Court had in February directed ASG Aishwarya Bhati to assist the court in the matter the Supreme Court and file a reply within four weeks.
In December last year, the bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justice Pamidighantam Sri Narasimha had asked the Ministry of Health and Family Welfare, Government of India to examine the grievance raised in the petition, collate information regarding them and submit a final response within eight weeks.
The plea, moved by Dr. Narendra Gupta, had alleged that due to the increasing inadequacy of government healthcare programmes in these states, women are compelled to travel hundreds of kilometres for getting treatment in private hospitals.
Gupta had also referred to multiple cases of Below Poverty Line (BPL) women alleging that they were forced to reach private hospitals where when they complained of abdominal pain and poor menstrual health, they asked to opt for a Hysterectomy through coercion, threats and sometimes even by abduction, for profit. "..which aggravated their poor menstrual health and increased the risk of cancer," he stated.
He alleged that nearly 286 unnecessary hysterectomies were performed in Rajasthan alone.
Stating that such practices are a violation of fundamental rights (Articles 14, 15, 21) of the women, the petitioner sought introduction of monitoring, inspection and accountability mechanisms in the private healthcare industry.
He further sought an independent monitor for regulating the function of the Rashtriya Swasthya Bima Yojana (RSBY) scheme.
He also urged the court to issue directions to the respondent to improve rural healthcare infrastructure and provide compensation for medical costs & violation of constitutional rights.
Case Title: Dr. Narendra Gupta vs Union of India and Ors
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