Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India:Art. 32 — |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India:Art. 32 — Public interest litigation — Unsafe and unethical sterilization — In 2012, a single surgeon performed sterilization procedure on 53 women in a government school in a district in Bihar — Entire camp conducted in highly unsanitary conditions in an unprofessional and unethical manner — Women underwent tremendous physical pain and anguish and were traumatized — Not given any pre-procedure counseling and had no idea about the potential risks of undergoing sterilization — Allegations regarding occurrence of similar instances in Bihar, Kerala, Madhya Pradesh, Maharashtra and Rajasthan — Writ petition by health rights activist raising issue of sterilization procedures carried out on women and also on men and sought series of directions — During pendency of the writ petition, allegations regarding sterilization camps conducted in a district in Chhattisgarh — Various affidavits filed by the States — In view thereof, issuance of certain directions to the Centre and States regarding conducting of ethical sterilization of women and men programme across the country. Art. 32 ~ Sterilization program — Whether a public health issue ~ Held: Sterilization program is not only a public health issue but a national campaign for population control and family planning — Union of India erred in saying that it is concern of each State since it is a “Public health” issue covered by Entry 6 of List II in the Seventh Schedule (the State List) by overlooking the Concurrent List, Entry 20A which is Population Control and Family Planning - Treating a national program as a public health issue has to stop and somebody must take ownership. of the Population Control and Family Planning program. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 1200 |
Petitioner | Devika Biswas |
Respondent | Union Of India & Ors. |
SCR | [2016] 5 S.C.R. 773 |
Judgement Date | 2016-09-14 |
Case Number | 95 |
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