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Supreme Court of India 2023-04-05 disposed

Dr Narendra Gupta vs Union of India & Ors

Bench: 2 — Dr Dhananjaya Y Chandrachud, J B Pardiwala

In Brief

Dr Narendra Gupta filed a public interest petition in 2013 alleging that women in Bihar, Chhattisgarh, and Rajasthan were subjected to unnecessary hysterectomies under government health schemes like the Rashtriya Swasthya Bima Yojana, often without informed consent. The Court found substance in these allegations and held that the right to health is fundamental under Article 21. The Court directed all States and Union Territories to adopt the 2022 Guidelines to Prevent Unnecessary Hysterectomies, establish monitoring committees, and blacklist hospitals performing unnecessary procedures without proper medical justification or consent.

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Constitutional Law Right to Health Medical Malpractice Public Interest Litigation Healthcare Administration Informed Consent Women's Rights Government Schemes

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