HC tells magistrates to visit mental institutions
The Bombay high court on Monday decided to test the state government’s claim that no hysterectomy operations have been performed since 1994 on mentally challenged women at five mental institutions across the state.
Chief Justice Swatanter Kumar and Justice VM Kanade directed magistrates to visit three such institutions in Mankhurd, Panvel and Pune. Each magistrate would be accompanied by a doctor from the local government hospital. Their report would focus on finding whether patients have been subjected to hysterectomy, the surgical removal of uterus. The reports will be submitted before the next hearing on July 14.
The controversy dates back to February 1994, when hysterectomies were performed on 17 mentally challenged women in Pune’s Shirur home. This led to protests and the court initiated suo motu proceedings against the government’s move.
A government affidavit filed earlier this month stated that hysterectomies were performed on 11 inmates of the Pune home in 1994. Defending the move, the government affidavit stated that the surgeries were conducted after taking due consent and were done in “overall interest and welfare of the girls and to give the unfortunate girls a better sense of living and improve hygienic conditions by reducing their dependence on other human beings and protecting them from being subject to any dignity (sic)”.
The affidavit stated that five institutions run by NGOs house 335 mentally challenged women and the government provides a monthly grant-in-aid of Rs1,140 per patient. Government pleader Madhubala Kajle told the court that no hysterectomies were performed on patients after 1994. However, noting that this fact was not stated in an affidavit, the court ordered the magistrates to conduct the inquiry.
Kajle told the court that no cases of sexual abuse were reported from the five institutions. She added that guidelines framed after the court case stipulate that consent of parent/guardian and certification from a psychiatrist and gynaecologist must be obtained before conducting the operation. The government continues to back the controversial move to perform hysterectomies on patients with an intelligence quotient below 50.
