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Disability No Bar to Reproductive Autonomy: Delhi HC on Hysterectomy Plea
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News18•29-09-2026, 17:00
Disability No Bar to Reproductive Autonomy: Delhi HC on Hysterectomy Plea
- •The Delhi High Court ruled that disability cannot be the sole reason to deny reproductive autonomy or approve the removal of a reproductive organ.
- •The court stated that surgical intervention, such as a hysterectomy, should only proceed if medical experts determine it is in the best interest of the individual's welfare and dignity.
- •The ruling came during a hearing for parents seeking a hysterectomy for their differently-abled daughter, who struggles with menstrual hygiene due to cerebral palsy and mental retardation.
- •Justice Amit Mahajan directed authorities to form an independent multidisciplinary medical board to decide on the surgery within four weeks.
- •The court clarified that its permission was only for constituting the medical board, not an approval of the surgery itself, emphasizing that medical experts must form the final opinion.
Key Questions Answered
The Delhi High Court ruled that disability can never be the sole ground to deny reproductive autonomy or approve the removal of a reproductive organ.
Surgical intervention can only be done based on the suggestion of medical experts that it would be in the best interest of the individual to protect their welfare and dignity.
The court directed the authorities to constitute an independent multidisciplinary medical board to make a decision within four weeks on whether the surgery is required.
