Court says disability alone cannot justify removal of reproductive organ; medical experts must decide if surgery is necessary for welfare and dignity
The Delhi High Court has directed the Government of NCT of Delhi to constitute an independent multidisciplinary Medical Board to examine whether a hysterectomy should be performed on a 21-year-old woman with cerebral palsy and moderate mental retardation.
Justice Amit Mahajan passed the order in Bishmeet Kaur v. Govt. of NCT of Delhi & Ors. on September 22, 2026, while hearing a petition filed through the woman’s parents. The family had sought directions for conducting a hysterectomy, stating that the petitioner, who has 83% permanent mental disability and an IQ of 42, is unable to manage herself and maintain menstrual hygiene during her menstrual cycles.
According to the petition, the woman was born on March 21, 2005, and suffers from cerebral palsy with spastic moderate hemiparesis along with moderate mental retardation. Her parents told the court that she is not in a mental condition to provide consent for the surgery and that the procedure was being sought in view of her day-to-day difficulties.
Appearing for the Delhi government, counsel informed the court that the petitioner was undergoing treatment at Deep Chand Bandhu Hospital, Ashok Vihar, and that any such surgery could only be undertaken after approval by a Board of Doctors.
Taking note of the submission, the High Court directed the respondents to set up an independent multidisciplinary Medical Board and asked it to take a decision on the proposed surgery within four weeks.
At the same time, the court made an important observation on reproductive rights and bodily integrity. It underlined that disability by itself can never be the sole reason either to deny reproductive autonomy or to approve the removal of a reproductive organ. The court stressed that a hysterectomy can be considered only if medical evaluation shows that it would be in the best interest of the petitioner and necessary for the protection of her welfare and dignity.
Justice Mahajan clarified that the court had not approved the surgery. The order, he said, should not be treated as a “carte blanche” for the procedure. The final opinion must be formed by medical experts after assessing the petitioner’s medical condition and overall welfare.
The petition was disposed of with these directions, leaving the ultimate decision to the independent Medical Board.
Bottom Line:
Reproductive autonomy of mentally disabled adult woman - Disability alone cannot be ground either to deny reproductive autonomy or to approve removal of reproductive organ - Court can direct constitution of an independent multidisciplinary Medical Board to assess whether hysterectomy is medically required in best interest of petitioner's welfare and dignity.
Statutory provision(s): Article 226 of the Constitution of India, 1950
Bishmeet Kaur v. Govt. of NCT of Delhi, (Delhi) : Law Finder Doc id # 2993151
