High Court Questions Delhi Govt Over Failure To Constitute Hysterectomy Committees Despite 2023 Guidelines
The Delhi High Court has questioned the Delhi Government as to why the State and District-level Hysterectomy Committees have not been constituted despite guidelines issued by the Central Government in October 2023 to prevent unnecessary hysterectomies.Justice Swarana Kanta Sharma was dealing with a plea filed on behalf of an adult woman with cerebral palsy, spastic moderate hemiparesis,...
The Delhi High Court has questioned the Delhi Government as to why the State and District-level Hysterectomy Committees have not been constituted despite guidelines issued by the Central Government in October 2023 to prevent unnecessary hysterectomies.
Justice Swarana Kanta Sharma was dealing with a plea filed on behalf of an adult woman with cerebral palsy, spastic moderate hemiparesis, moderate mental retardation and 83% permanent disability, seeking directions for her hysterectomy.
The woman, born in 2005, claimed to be dependent on her parents for her daily activities, with her parents acting as caregivers.
According to the plea, she experienced significant difficulty during menstruation, including lack of understanding of menstrual hygiene, discomfort and disturbed sleep, making the periods difficult for her caregivers.
Her parents had approached Deep Chand Bandhu Hospital in February 2024 regarding hysterectomy. The doctors discussed alternatives, including insertion of a Mirena device, but ultimately advised the parents to seek permission from the Court for the proposed surgery. A neurology opinion concerning surgery under anaesthesia was also obtained.
The Delhi Government, however, relied upon a circular issued on October 16, 2023, and submitted that the doctors concerned had refused to perform the surgery since the woman was a special child and hysterectomy carries a mortality rate of 1–2 per 1,000 operations.
Perusing the said circular, the Court said that it did not address the issue at hand.
“Rather the question should be posed to the Delhi Government itself that despite the Notification of the Government of India, issued on 16.10.2023, wherein guidelines to prevent unnecessary Hysterectomies and performa to capture data collection for Hysterectomy were shared with all States/UTs for proper implementation and strict compliance and to constitute the State and District level Hysterectomy Committees as mentioned in the guidelines, why no such Committee has not been constituted yet, which, if constituted, could have had some answers for such parents with special children,” the Court questioned.
At this stage, the counsel appearing for the Delhi Government sought time to obtain instructions in the matter.
Accordingly, the Court listed the matter for hearing on September 08.
Title: Bishmeet Kaur v. Govt. of NCT of Delhi & Ors