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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.
In a Public Interest Litigation pertaining to the inadequacy of government healthcare programmes in the states of Rajasthan, Bihar and Chhattisgarh, the Supreme Court today directed the Union of India to file its reply within four weeks.
When the matter was taken up, CJI observed that UoI could be asked to look into this aspect, with the Health Secretaries of the three states.
The petitioner thus requested court to keep the plea pending and not dispose it off and ask the Union to file reply.
"We request ASG Bhati to assist us on this. List after four weeks...", thus ordered the bench.
Notably, the PIL also highlights the issue of unlawful hysterectomies that are taking place in these states.
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 a doctor, has 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.
The petitioner 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.
Moreover, he demanded that the erring doctors who are found involved in such unlawful hysterectomies should be punished with suspension and imposition of criminal liability.
Case Title: Dr. Narendra Gupta vs Union of India and Ors
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