NEWS: The Karnataka High Court permitted a hysterectomy for a woman with severe intellectual and developmental disabilities, applying the 'best interests' principle.

ABOUT REPRODUCTIVE AUTONOMY

• Refers to a woman's right to make informed decisions regarding pregnancy, childbirth, contraception, and reproductive healthcare.
• Hysterectomy (surgical removal of the uterus) may be permitted only for genuine medical necessity and with strict legal safeguards.

LEGAL & CONSTITUTIONAL SAFEGUARDS

• Article 21 guarantees the right to life, dignity, bodily integrity, and reproductive autonomy.
• Section 10 of the Rights of Persons with Disabilities (RPwD) Act, 2016 prohibits procedures leading to infertility without free and informed consent.
• Courts act under the doctrine of Parens Patriae to protect the best interests of persons unable to provide informed consent.

IMPORTANT JUDGMENTS

• Suchita Srivastava v. Chandigarh Administration (2009): Recognised reproductive autonomy as a fundamental right under Article 21.
• Dr Narendra Gupta v. Union of India (2023): Directed implementation of guidelines to prevent unnecessary hysterectomies and established monitoring mechanisms.
• Z v. State of Bihar (2017): Reaffirmed reproductive autonomy and awarded compensation for denial of timely abortion.
• Gujarat High Court (2024): Allowed late-term abortion for a rape survivor with intellectual disability based on medical necessity.

KEY CONCERNS

• Prevent forced sterilisation and unnecessary hysterectomies.
• Balance bodily autonomy, informed consent, medical necessity, and judicial oversight.
• Strengthen accessible consent mechanisms and support systems for women with intellectual disabilities.