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Supreme Court of India 2016-09-14 disposed

Devika Biswas vs Union of India & Ors

Bench: 2 — Madan B. Lokur

In Brief

This public interest petition challenged the conduct and management of sterilisation camps across India, following a mishap in Bihar in 2012 where 53 women were sterilised in unsanitary conditions without proper consent or testing. The Court held that sterilisation, as part of the national population control and family planning program, is the Union's responsibility under the Concurrent List, not merely a state health issue. The Court directed strict adherence to pre-operative procedures, informed consent in local languages, effective Quality Assurance Committee functioning, transparent compensation mechanisms, and gradual phasing out of camps in favour of fixed health facilities. The Court emphasised that women's reproductive rights and health must be protected with substantive equality, and criticised the disproportionate focus on female sterilisation.

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Public Interest Litigation Health Rights Family Planning Sterilisation Reproductive Rights Right to Health Medical Malpractice Government Schemes Constitutional Law Federalism Gender Equity

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