Karnataka High Court Permits Hysterectomy, Cites Welfare and Dignity of Disabled Woman

The Karnataka High Court has permitted a Total Abdominal Hysterectomy (TAH) to be performed on a 23-year-old woman with severe developmental and intellectual disabilities, observing that the procedure is intended to safeguard her welfare, health, dignity and long-term interests.

Justice Suraj Govindaraj passed the order on June 17 while allowing a petition filed by the woman’s parents, who are also her primary caregivers. The court noted that while exercising its parens patriae jurisdiction , a legal principle that enables courts to act in the best interests of individuals unable to make decisions for themselves, its foremost responsibility is to safeguard the welfare, dignity, and well-being of such persons.

The parents informed the court that their daughter suffers from severe developmental and intellectual disabilities that significantly impair her ability to perform basic daily activities, including managing menstrual hygiene. They argued that the surgery was sought solely to protect her health, comfort and dignity, especially as advancing age may make it increasingly difficult for them to provide the level of care she currently requires.

Given the serious medical, ethical and legal issues involved, the High Court had constituted a multidisciplinary Medical Board at Vanivilas Hospital, Bengaluru, to independently assess the woman’s condition and the necessity of the procedure.

The Medical Board concluded that the woman suffers from Global Developmental Delay, Moderate Permanent Intellectual and Developmental Disability , with an IQ of 36 a level indicating significant cognitive impairment and a need for considerable support in daily functioning as well as a seizure disorder. The Board unanimously recommended the hysterectomy, noting that there were no medical contraindications to the procedure.

Accepting the Board’s findings, the court held that the procedure would advance the patient’s welfare, health and dignity. It directed Vanivilas Hospital to carry out the surgery in compliance with all medical, legal and ethical requirements, while ensuring pre- and post-operative counselling, psychological support and rehabilitation services.

The hospital has also been directed to submit a report on the procedure and the patient’s recovery to the High Court within eight weeks of the surgery.