Court highlights urgent need for State and District Hysterectomy Committees following plea to permit surgery on mentally and physically disabled minor facing severe menstrual hygiene challenges
In a significant writ petition filed before the Delhi High Court, the petitioner, Bishmeet Kaur, sought directions for the government to permit a medically advised hysterectomy on her mentally disabled minor daughter who suffers from cerebral palsy, severe mental retardation, and 83% permanent disability. The petition, heard by Justice Dr. Swarana Kanta Sharma on September 1, 2026, brings to light the complex intersection of medical necessity, legal safeguards, and the rights of disabled persons.
The petitioner's daughter, born in 2005, faces profound physical and mental challenges, making management of her menstrual hygiene extraordinarily difficult for her parents, who are her primary caregivers. As she reached adolescence, hormonal changes led to increased distress due to menstruation, including uncooperativeness and inability to maintain hygiene, causing severe trauma to the family. Medical experts at Deep Chand Bandhu Hospital evaluated various options, including hormonal devices, but recommended hysterectomy as the best solution to alleviate her suffering and improve quality of life.
However, in compliance with Medical Council of India (MCI) guidelines and to adhere to legal protocols, the doctors advised the parents to seek prior court approval before proceeding with the surgery, especially given the patient's special status. This has brought the matter before the High Court through a writ of mandamus seeking urgent permission and direction for the surgery to be carried out promptly.
The government respondents relied on a recent Circular dated October 16, 2023, which highlights concerns about unnecessary hysterectomies and mandates the constitution of State and District Hysterectomy Committees to oversee such cases. The Circular also notes a 0.1% to 0.2% mortality risk associated with such surgeries, underscoring the need for stringent oversight.
Justice Sharma, however, observed that the Delhi Government has failed to constitute the required Hysterectomy Committees as mandated by the central government's guidelines. The Court expressed concern that the absence of such committees leaves parents of special children without a clear mechanism for relief or guidance in these sensitive cases.
The Court has adjourned the matter to September 8, 2026, allowing the government time to respond and clarify the steps taken towards constituting the requisite committees and formulating guidelines to balance medical necessity with patient safety and legal safeguards.
This case underscores the urgent need for standardized procedures and institutional mechanisms to address the medical and legal challenges faced by mentally and physically disabled persons requiring complex treatments. It also reflects the judiciary's proactive role in ensuring that vulnerable individuals and their families are not left in limbo due to administrative gaps.
Bottom Line:
Writ of mandamus sought for permission to perform hysterectomy on a mentally disabled minor with severe physical and mental impairments, highlighting the need for proper medical and legal guidelines for such cases.
Statutory provision(s):
Medical Council of India Guidelines (2023), Government of India Notification dated 16.10.2023 on Hysterectomy Committees and Data Collection
Bishmeet Kaur v. Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2974579
