Karnataka HC Permits Uterus Removal Surgery for Woman With Intellectual Disabilities
The petitioners had sought permission for conducting a "Total Abdominal Hysterectomy" on their daughter, who suffers from severe developmental and intellectual disabilities which substantially impair her ability to understand, manage, and perform even basic activities of daily living
Bengaluru: The High Court of Karnataka has permitted a 'Total Abdominal Hysterectomy' to be performed on a 23-year-old woman suffering from severe developmental and intellectual disabilities, observing that the procedure is intended to promote her welfare, health, dignity and best interests. 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, while allowing a petition filed by the woman's parents and primary caregivers.
"In exercising its parens patriae jurisdiction, the paramount consideration of this Court is in the best interests of the person concerned," the order said.
"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 recurring medical complications highlighted by the petitioners, the absence of any medical contraindication and the unanimous recommendation of the Medical Board, this Court is satisfied that the proposed procedure is intended to advance the welfare, health, dignity and best interests of (X)," the Court further said.
"This Court is therefore of the considered opinion that the permission sought by the petitioners deserves to be granted," it said.
Allowing the petition, the Judge in his order said the petitioners are permitted to have a Total Abdominal Hysterectomy performed on their daughter at Vanivilas Hospital, Bengaluru.
He also directed the Medical Superintendent of the hospital to make all necessary arrangements for carrying out the procedure in accordance with the recommendations of the Medical Board and in compliance with all applicable medical, legal and ethical requirements.
The Medical Superintendent shall ensure that the welfare, dignity, safety and best interests of the patient are protected at all stages of treatment, the judge said.
The patient shall be provided such pre-operative counselling, psychological support and post-operative counselling, care and rehabilitation services as may be considered necessary by the treating team, including the Psychiatrist and other specialists concerned, he added.
According to the court, the date and time of the surgical procedure shall be fixed by the medical superintendent in consultation with the petitioners and the treating specialists, having regard to the medical condition and convenience of the patient.
The medical board or such specialists as may be nominated by the Medical Superintendent shall monitor the patient's post-operative recovery and ensure that all appropriate follow-up treatment and medical support are provided, it said.
"A brief report regarding the conduct of the procedure and the post-operative condition of the patient shall be placed before the Registrar General of this Court within a period of eight weeks from the date of the procedure."
The petitioners had sought permission for conducting a "Total Abdominal Hysterectomy" on their daughter, who suffers from severe developmental and intellectual disabilities which substantially impair her ability to understand, manage, and perform even basic activities of daily living.
In support of this contention, the petitioners relied upon the medical and psychological assessments conducted on the woman.
The cumulative effect of these assessments, according to the petitioners, is that though the woman is chronologically 23 years of age, her cognitive, developmental and adaptive functioning remains severely compromised.
The petitioners also said that on account of her intellectual and developmental disabilities, the woman is incapable of independently understanding or managing her bodily functions, including menstrual hygiene.
It is their specific apprehension that with the passage of time and the inevitable decline in their own physical abilities, it may become increasingly difficult for them to provide the level of assistance and supervision presently required by their daughter.
The petitioners therefore contend that the proposed procedure is intended solely to safeguard the health, dignity, comfort and long-term welfare of their daughter and not for any collateral purpose.
Considering the nature of the relief sought and the serious medical, ethical and legal issues involved, the Court, by order dated June 2 constituted a multidisciplinary Medical Board at Vanivilas Hospital to independently evaluate the medical condition of the woman, assess her capacity, examine the necessity and advisability of the proposed procedure and furnish its opinion to this Court.
The medical board thereafter examined the patient through specialists from multiple disciplines and submitted its report for consideration of the Court.
The Medical Board, upon consideration of the opinions furnished by all specialists, had ultimately concluded that the patient is suffering from "Global Developmental Delay" associated with "Moderate Permanent Intellectual and Developmental Disability," having an IQ of 36, and is also suffering from a seizure disorder.
The Board had recommended that the patient may undergo a Total Abdominal Hysterectomy.
