Karnataka High Court allows hysterectomy for woman with severe disabilities
The Karnataka High Court has allowed a 23-year-old woman with severe developmental and intellectual disabilities to undergo a total abdominal hysterectomy, saying the procedure is
The Karnataka High Court has allowed a 23-year-old woman with severe developmental and intellectual disabilities to undergo a total abdominal hysterectomy, saying the procedure is intended to protect her welfare, health, dignity and best interests. Justice Suraj Govindaraj passed the order on June 17 on a petition filed by her parents, who are also her primary caregivers. The court said it had considered the findings of a Medical Board, the woman’s inability to manage menstrual hygiene on her own, the recurring medical complications raised by her parents, and the absence of any medical contraindication before permitting the surgery at Vanivilas Hospital in Bengaluru. Read Full Story A total abdominal hysterectomy is a surgical procedure involving the complete removal of the uterus and cervix through an open abdominal incision. In its order, the court said, "In exercising its parens patriae jurisdiction, the paramount consideration of this Court is in the best interests of the person concerned." It further said, "Having regard to the findings recorded by the Medical Board, the nature and extent of the patient's intellectual and developmental disabilities, her inability to independently manage menstrual hygiene, the recurring medical complications highlighted by the petitioners, the absence of any medical contraindication and the unanimous recommendation of the Medical Board, this Court is satisfied that the proposed procedure is intended to advance the welfare, health, dignity and best interests of (X)." The court added, "This Court is therefore of the considered opinion that the permission sought by the petitioners deserves to be granted." It allowed the parents to have the procedure performed on their daughter at Vanivilas Hospital and directed the Medical Superintendent to make all necessary arrangements in line with the Medical Board’s recommendations and all applicable medical, legal and ethical requirements.
The judge said the Medical Superintendent must ensure that the patient’s welfare, dignity, safety and best interests are protected at every stage of treatment. The order also said the patient should be given such pre-operative counselling, psychological support, post-operative counselling, care and rehabilitation services as the treating team, including the psychiatrist and other specialists, may consider necessary. The court said the date and time of the surgery would be fixed by the Medical Superintendent in consultation with the parents and the treating specialists, keeping in mind the patient’s medical condition and convenience. It also directed that the Medical Board, or specialists nominated by the Medical Superintendent, should monitor her recovery after the operation and ensure that all appropriate follow-up treatment and medical support are provided. A brief report on the procedure and the patient’s post-operative condition must be submitted to the Registrar General of the High Court within eight weeks from the date of the procedure. In their petition, the parents said their daughter’s severe developmental and intellectual disabilities had significantly affected her ability to understand, manage and perform even basic daily activities.
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