The Delhi High Court has observed that disability, by itself, can never be the sole ground to deny reproductive autonomy to a woman.

Justice Amit Mahajan made the observation while directing the Delhi Government to constitute an independent multidisciplinary Medical Board to examine whether a hysterectomy (surgical removal of the uterus) should be performed on a woman with disabilities.

The Court clarified that surgical intervention could be considered only if medical evaluations establish that it would be in the woman's best interest and necessary to protect her welfare and dignity.

The Court emphasised that its direction to constitute the Medical Board should not be construed as approval of the proposed surgery. It said the decision must be taken by medical experts after considering the petitioner's medical history.

“….disability in itself can never be the only ground to deny reproductive autonomy or approve removal of reproductive organ and thus, such a route of surgical intervention can be adopted if medical evaluations suggest that the same would be in the best interest of the petitioner for protection of her welfare and dignity,” the Court said.

It added: “Hence, this Court has merely granted permission to constitute the medical board who can decide whether such a surgery is required in lieu of chequered medical background of the petitioner. The same may not be construed as carte blanche or approval of the surgery, since the opinion on the surgery has to be formed by domain experts i.e. medical experts.”

The Court disposed of a plea filed by the woman's parents, seeking directions to the authorities to consider conducting a hysterectomy on her.

According to the petition, the woman, born in 2005, suffered from cerebral palsy, spastic moderate hemiparesis and moderate intellectual disability, with an IQ of 42. She also had an 83% permanent disability, which was stated to be non-progressive.

Her parents submitted that she was unable to manage herself or maintain menstrual hygiene during her menstrual cycles. They further contended that she was not in a position to give consent for the proposed surgery.

The Delhi Government informed the Court that the woman was receiving treatment at Deep Chand Bandhu Hospital and that the surgery could be performed only after approval by a Board of Doctors.

Taking note of the submissions, the Court directed the authorities to constitute an independent Medical Board and decide whether the surgery should be performed within four weeks.

Title: BISHMEET KAUR v. GOVT. OF NCT OF DELHI & ORS

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