New Delhi, Sep 29 Disability can never be the only ground to deny reproductive autonomy or approve the removal of reproductive organ, the Delhi High Court has said on a plea seeking to conduct hysterectomy surgery on a differently-abled woman.
The high court said surgical intervention can only be done on the suggestion of medical experts that this would be in the best interest of the person involved for protection of her welfare and dignity.
The court made the observation while hearing a plea by a differently-abled woman's parents seeking direction to the Delhi government to consider conducting a hysterectomy operation (surgical removal of the uterus) on their daughter as she was unable to manage herself during menstrual cycles.
"It is apposite to mention that disability in itself can never be the only ground to deny reproductive autonomy or approve removal of reproductive organ and thus, such a route of surgical intervention can be adopted if medical evaluations suggest that the same would be in the best interest of the petitioner for protection of her welfare and dignity," Justice Amit Mahajan said in an order passed on September 22.
The court directed the authorities to constitute an independent multidisciplinary medical board and take a decision within four weeks on the surgery to be conducted on the woman.
It clarified that the court has merely granted permission to constitute the medical board which can decide whether such a surgery is required in lieu of the woman's chequered medical background.
"The same may not be construed as carte blanche or approval of the surgery, since the opinion on the surgery has to be formed by domain experts, that is, medical experts," the court said.
The parents submitted that their daughter is an adult lunatic child born in March 2005 and is suffering from cerebral palsy with spastic moderate hemiparesis with moderate mental retardation.
They said the disability is permanent in nature and the condition is non-progressive, and also that the woman is not in a fit state of mind to give consent to the surgery.
The parents said the consent for the surgery is needed as their daughter is unable to manage herself and maintain menstrual hygiene during the menstrual cycles.
The counsel for the state government submitted that the woman is getting treatment at Deep Chand Bandhu Hospital at Ashok Vihar and the surgery can only take place after the approval of the board of doctors.
