WUNRN
India - Supreme
Court Underscores the Need of Uniform Guidelines for Sterilization Procedures
Ramakant Rai v. Union of India, W.P
(C) No 209 of 2003, Supreme Court of India; Interim Order on March 1, 2005;
Case disposed on December 6, 2007
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This case before the Supreme Court of
India involved the support of ESCR-Net Members, Human Rights Law Network and
Center for Reproductive Rights, and focused on government practices regarding
female sterilization, which lacked counseling or informed consent and
included unhygienic and un-anesthetized operating conditions, as well as the
sterilization of minors. The Court cited patients’ reproductive, women’s, and
health rights as articulated in international instruments ratified by India,
including the Alma Alta Declaration, CEDAW, the ICPD Program of Action, and
the Beijing Platform for Action, as well as relevant articles of the Indian
Constitution. The Court ordered all States in India to establish “an approved
panel of doctors…to carry on sterilization procedures,” “prepare and
circulate a checklist” with information on the patient, “circulate uniform
copies of the proforma of consent,” “set up a Quality Assurance Committee,”
“maintain overall statistics,” “hold an inquiry into every case of breach of
the Union of India guidelines…[and] take punitive action against them,” and
“bring into effect an insurance policy.” The Union of India was directed to,
within four weeks, outline “uniform standards to be followed by the State
Governments,” including norms of compensation. Ultimately issuing directives for the
entire country and citing international standards, this case is especially
relevant as the Court underscored the need for uniform guidelines in the
performance of sterilization procedures, including requirements of informed
consent, punitive action for violations, and compensation for victims For more information, please access the
case summary, the decision and other related documents at http://www.escr-net.org/node/365195 |