A recent public interest litigation (PIL) regarding the issue of “unnecessary hysterectomies” has been dismissed by the court after the Union Ministry of Health and Family Welfare informed them that comprehensive guidelines to regulate the practice had already been framed
Unnecessary Hysterectomy PIL dismissed after Government Guidelines
A Public Interest Litigation (PIL) regarding the issue of “unnecessary hysterectomies” was taken up by a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala. The PIL was dismissed after the court took note of the submissions made by Additional Solicitor General Aishwarya Bhati, who represented the Union Ministry of Health and Family Welfare. Bhati informed the court that comprehensive guidelines to regulate the practise of “unnecessary hysterectomies” had already been framed.
As a result, the court directed all states and union territories to implement these guidelines within three months to prevent the unnecessary removal of the uterus in poor women for the purpose of receiving high insurance fees from the government under various health insurance schemes.
States directed to prevent unnecessary hysterectomies in poor
The court stated that since the Union government has taken adequate steps by framing guidelines, there is no need to continue with the petition. The government will now take the necessary actions as per the guidelines. The court directed that all states and union territories should adopt the guidelines within three months and that the Ministry of Health and Family Welfare should engage with them. The guidelines are mentioned in the status report submitted by the government.
The court further said that the real picture will emerge after the data is available and permitted the Centre to take necessary policy decisions once every six months. It was also mandated that women under 40 undergo hysterectomy only after reviewing by two doctors, and alternative treatments should be explored before resorting to surgery.Â
Hysterectomy Monitoring Committees are to be established at all levels
The Centre said it had sent out guidelines to all states and union territories, urging strict compliance to prevent unnecessary hysterectomies. Community-based studies in India have found an alarming trend of rising hysterectomy rates among young women, particularly those aged 28 to 36.
Evidence suggests that poor, less educated women in rural areas are at a higher risk. These surgeries are often performed when non-invasive or medical treatments would have sufficed, leading to needless procedures and potential health risks. Reporting hysterectomies, cases conducted for women younger than 40, and cause of hysterectomy need to be incorporated into the existing screening checklist. Hysterectomy Monitoring Committees will be set up at the district, state, and national levels.
PIL filed by a medical practitioner seeks compensation and policy changes
The PIL was filed by Narendra Gupta, a medical practitioner, who cited media reports and research findings indicating a “widespread pattern” of doctors performing medically unnecessary hysterectomies in several states, including Bihar, Rajasthan, and Chhattisgarh, to receive high insurance fees from the government. The petition sought compensation for affected women and policy changes to address the issue. It was observed that women covered by heavily subsidized state-funded health insurance schemes sought medical care in private hospitals for symptoms such as “abdominal pain and general weakness,” and doctors conducted “unnecessary hysterectomy operations” with minimal or no medical examination.
The PIL also urged state governments to establish monitoring, inspection, and accountability mechanisms for the private healthcare industry serving the poor under government health insurance schemes.
What is a hysterectomy?
A hysterectomy is a surgical procedure in which a woman’s uterus is removed. The uterus is the reproductive organ responsible for carrying a fetus during pregnancy. There are different types of hysterectomy procedures, but the most common is a total hysterectomy, which involves the removal of the entire uterus.
Hysterectomy may be recommended for various reasons, such as if a woman has a medical condition that causes pain or other symptoms, such as uterine fibroids, endometriosis, adenomyosis, or uterine prolapse. In some cases, a hysterectomy may also be recommended as part of the treatment for gynecologic cancers such as uterine, cervical, or ovarian cancer.
