NDLI: Dr Narendra Gupta Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Directions by Supreme Court – Unnecessary Hysterectomies – Constitution of India – Art.21
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Directions Issued
Headnote	Directions by Supreme Court – Unnecessary Hysterectomies – Constitution of India – Art.21 – Violation of Fundamental Rights of Women – Guidelines to Prevent Unnecessary Hysterectomies – A public interest litigation was filed by the petitioner in 2013, highlighting the issue of unnecessary hysterectomies being performed under various government healthcare schemes in various States – Petitioner has brought to Supreme Court’s notice the fact that women, who should not have been subjected to hysterectomies and to whom alternative treatment could have been extended, were subjected to hysterectomies, seriously endangering their health in the process and also submitted that most women who were subjected to hysterectomies of this kind belonged to the Scheduled Castes, Scheduled Tribes, or Other Backward Communities – On 13.12.2022, Supreme Court directed the Secretary, MoHFW to examine the grievance which was raised and to file a response – From the counter affidavits filed by the Various States, it emerged that there is a considerable degree of substance in the facts which have been highlighted in the petition – In 2022, MoHFW issued guidelines titled “Guidelines to Prevent Unnecessary Hysterectomies,” which have been forwarded to all the States and Union Territories for compliance – The Union government also filed the status report proposing the action plan and indicating the steps which were taken by various States while dealing with the performance of unnecessary hysterectomies – Held: The right to health is an intrinsic element of the right to life u/Art. 21 and there has been a serious violation of the fundamental rights of the women who underwent unnecessary hysterectomies – Further, that the Guidelines which have been adopted to prevent unnecessary hysterectomies must be adopted by all the States and Union Territories – MoHFW shall engage with all the States and Union Territories to ensure that the Guidelines are adopted expeditiously – All States and Union Territories directed to adopt and implement the Guidelines and report compliance to MoHFW and further ensure that all public and private hospitals within their territories are made aware of the existence and importance of the Guidelines – All the States and Union Territories must take stringent action for blacklisting hospitals once it is detected that any unnecessary hysterectomy was carried out or that the procedure was taken recourse to without the informed consent of the patient and directed that necessary action be taken in accordance with law – The Union government directed to take all necessary steps in accordance with the Guidelines to effectuate the public interest which is sought to be achieved.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 322
Petitioner	Dr Narendra Gupta
Respondent	Union Of India & Ors.
SCR	[2023] 6 S.C.R. 992
Judgement Date	2023-04-05
Case Number	131

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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