Karnataka HC Permits Uterus Removal Surgery for Woman With Intellectual Disabilities
Bengaluru: The Karnataka High Court allowed ‘Total Abdominal Hysterectomy’ to be performed on a 23-year-old woman with severe developmental and intellectual disabilities, observing that the procedure is aimed at promoting the welfare, health, dignity and interests of the woman. Total Abdominal Hysterectomy is a surgical procedure that involves the complete removal of the uterus and cervix through an open abdominal incision.
Justice Suraj Govindaraj passed the order on June 17, allowing the petition filed by the woman’s parents and primary caregivers.
“When exercising parens patriae jurisdiction, the most important consideration of this Court is the interest of the person concerned,” the decision said.
The Court further held, “Having regard to the findings recorded by the Medical Board, the nature and extent of the patient’s intellectual and developmental disabilities, her inability to independently manage menstrual hygiene, the recurrent medical complications highlighted by petitioners, the absence of any medical contraindications, and the unanimous recommendation of the Medical Board, this Court is satisfied that the proposed procedure is intended to promote the welfare, health, dignity and best interests of (X).” he said.
“Therefore, the Court is of the view that the permission sought by the petitioners deserves to be granted,” he said.
Accepting the petition, the Judge said that the petitioners were allowed to undergo Total Abdominal Hysterectomy on their daughter at Vanivilas Hospital, Bengaluru.
He also directed the Medical Director of the hospital to make all necessary arrangements for the procedure to be carried out in line with the recommendations of the Medical Board and in compliance with all applicable medical, legal and ethical requirements.
The judge said the Chief Physician will ensure that the patient’s welfare, dignity, safety and interests are protected at all stages of treatment.
He added that the patient will be provided with pre-operative consultancy, psychological support and post-operative consultancy, care and rehabilitation services that may be deemed necessary by the treatment team, including the Psychiatrist and other relevant specialists.
According to the court, the date and time of the surgical procedure will be determined by the medical supervisor in consultation with the applicants and the treating specialists, taking into account the patient’s medical condition and comfort.
The medical board, or such specialists as may be appointed by the Medical Superintendent, will monitor the patient’s post-operative recovery and ensure that all appropriate follow-up treatment and medical support is provided, the statement said.
“A brief report on the conduct of the procedure and the post-operative condition of the patient shall be submitted to the Registrar-General of this Court within eight weeks from the date of the procedure.”
The petitioners sought permission to perform a “Total Abdominal Hysterectomy” on their daughter, who suffers from severe developmental and intellectual disabilities that significantly impair her ability to understand, manage, and perform basic activities of daily living.
Petitioners relied on medical and psychological evaluations performed on the woman to support this claim.
The cumulative effect of these assessments, according to the petitioners, is that the woman’s cognitive, developmental and adaptive functioning is severely compromised, even though she is chronologically 23 years old.
The petitioners also said that due to her intellectual and developmental disabilities, the woman was unable to independently understand or manage her bodily functions, including menstrual hygiene.
They have particular concerns that, as time goes on and with the inevitable decline in their own physical abilities, it may become increasingly difficult to provide the level of assistance and supervision their daughter currently requires.
Petitioners therefore argue that the proposed procedure is solely intended to protect their daughter’s health, dignity, comfort, and long-term well-being and does not serve any additional purpose.
Taking into account the nature of the assistance sought and the serious medical, ethical and legal issues involved, the Court, by decision of June 2, established a multidisciplinary Medical Board at Vanivilas Hospital to independently evaluate the woman’s medical condition, assess her capacity, examine the necessity and advisability of the proposed procedure and present its opinion to this Court.
The medical board then examined the patient through experts from various disciplines and submitted its report to the Court for review.
The Medical Board considered the opinions of all experts and ultimately concluded that the patient suffered from “Global Developmental Delay” associated with “Moderate Permanent Intellectual and Developmental Disability”, had an IQ of 36, and also suffered from a seizure disorder.
The board recommended that the patient undergo Total Abdominal Hysterectomy.
