In a PIL emphasizing the issue of alleged illegal and coerced hysterectomies performed on women from marginalized populations in the States of Bihar, Chattisgarh, and Rajasthan, the Supreme Court of India ordered the Union of India to file a response. A bench made up of Chief Justice DY Chandrachud, Justice PS Narasimha, and Judge JB Pardiwala was assigned to hear the Petition. The Union was asked by the Apex Court to file a reply in the matter on the previous occasion, but this request was ignored. 

A hysterectomy is a surgical procedure to remove the womb (uterus). A woman would no longer be able to get pregnant after the operation.

On February 21, the petitioner's attorney submitted:

"The state governments have also accepted in their affidavits that this is going on. There are three states – Bihar, Chhattisgarh, Rajasthan. Bihar has also taken suo moto cognizance. The Human Rights Commission also admits that this is going on. My request is to keep it pending and let the Union file a reply. This is a central scheme."

CJI DY Chandrachud took note of this and pronounced the following order:

"On 13 December 2022, this court had directed the Secretary of the Union Ministry of Health and Family Welfare to file a response examining the grievance that hysterectomies were unnecessarily being carried out in the states of Bihar, Chhattisgarh, and Rajasthan over the relevant period. Union of India has not filed its response. The Union of India shall comply by the next date. We request Ms Aishwarya Bhati, ASG to assist the court."

Dr. Narendra Gupta filed the PIL in an effort to remedy the fundamental rights (Articles 14, 15, and 21) and government healthcare programme violations that were revealed through an RTI and numerous newspaper publications. In addition to an independent monitor to oversee the Rashtriya Swasthya Bima Yojana (RSBY) programme, the petition called for the establishment of monitoring, inspection, and accountability mechanisms in the private healthcare sector. It also called for improved infrastructure for healthcare in rural areas, compensation for medical costs and constitutional rights violations, and the suspension and criminal prosecution of any involved doctors.

According to the appeal, almost 286 unwarranted hysterectomies were carried out in Rajasthan alone, with Bihar and Chhattisgarh following suit, and that these procedures were performed without the patient's informed permission. Since March 18, 2013, the case has been ongoing.

Case Title: Dr. Narendra Gupta v. UoI And Ors.
Citation: WP(C) No. 131/2013