DR NARENDRA GUPTA versus UNION OF INDIA & ORS.

DR NARENDRA GUPTA versus UNION OF INDIA & ORS.

The Court held that the right to health is part of the right to life under Article 21 and there has been a serious violation of fundamental rights where unnecessary hysterectomies were performed; accordingly, the MoHFW Guidelines of 2022 titled "Guidelines to Prevent Unnecessary Hysterectomies" must be adopted and...

Source-derived case information.

Parties
Petitioner: Dr. Narendra Gupta; Respondent: Union of India; Respondent: State of Bihar; Respondent: State of Rajasthan; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
05 April 2023
Procedural Posture
Writ Petition (civil) No. 131 of 2013 / Disposed
Outcome
Petition disposed of in terms of the above directions.
Legal Topics
Unnecessary Hysterectomies, Guidelines to Prevent Unnecessary Hysterectomies, Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (ab Pmjay), Informed Consent, Blacklisting of Hospitals, Monitoring and Audit Committees
Constitutional Law Health Public Interest Litigation Administrative Law Unnecessary Hysterectomies Guidelines to Prevent Unnecessary Hysterectomies Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (ab Pmjay) Informed Consent +2 more

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Parties

Dr. Narendra Gupta

Petitioner

Union of India

Respondent

State of Bihar

Respondent

State of Rajasthan

Respondent

State of Chhattisgarh

Respondent

Procedural Posture

Writ Petition (civil) No. 131 of 2013 / Disposed

Legal Issues

  1. 1 Whether unnecessary hysterectomies performed under government healthcare schemes violate the right to health under Article 21
  2. 2 Whether the 2022 MoHFW Guidelines titled "Guidelines to Prevent Unnecessary Hysterectomies" must be adopted and implemented by States and Union Territories
  3. 3 What monitoring, grievance redressal and punitive measures (including blacklisting) are required to prevent unnecessary hysterectomies

Ratio Decidendi

The Court held that the right to health is part of the right to life under Article 21 and there has been a serious violation of fundamental rights where unnecessary hysterectomies were performed; accordingly, the MoHFW Guidelines of 2022 titled "Guidelines to Prevent Unnecessary Hysterectomies" must be adopted and implemented by all States and Union Territories, with formation of District, State and National Hysterectomy Monitoring Committees, establishment of grievance mechanisms, mandatory data capture and audit, and that States must take stringent action, including blacklisting hospitals, where unnecessary procedures or lack of informed consent are detected.

Court Disposition

Petition disposed of in terms of the above directions.

Orders

  • MoHFW Guidelines titled "Guidelines to Prevent Unnecessary Hysterectomies" shall be adopted by all States and Union Territories; MoHFW to engage with States/UTs to ensure expeditious adoption.
  • All States and Union Territories shall adopt the Guidelines within three months and report compliance to MoHFW.