Supreme Court of India granted time to the center to implement the direction sought by the petitioner in form of guidelines on sterilization
WP(C) 95 of 2012
Devika Biswas V Union of India
The matter of Devika Biswas V Union of India WP(C) 95 of 2012 was listed before the chief justice on 8th may, 2014. In the state of Rajasthan, study on camp conditions in Bundi District it was found that Only 12% of women had been counseled about other forms of contraception; 42% not counseled about permanency of sterilization; 88% not informed about complications, side-effects or failures. 58% women experienced at least one adverse side effect.
Consent forms not read out or explained.Only three of the 11 mandatory preliminary physical examinations were conducted on the women prior to the procedure.1/3 of insurance claims from sterilization failures came from Rajasthan – less than 1/3 of the claims had been paid.
Kolayat Hospital in Rajasthan sterilized 72 women on May 23 2012, and forty-two on April 25 despite the 30 sterilization per doctor limit imposed by the guidelines; no recovery room or bedding – women were forced to lie on the crowded floor to recover; none of them had been counseled on other forms of contraception.80 percent of the women said they were still unconscious when they were discharged;
An order from the Rajasthan government proves that ASHAs are trained to promote sterilization without consideration of other forms of contraception and use a target-based, coercive approach. Mass sterilizations that exceed the limits imposed by the National Guidelines – 95 women and 10 men were sterilized in a camp in Ratangarh, Rajasthan despite the maximum number of procedures to be performed by any team in one day should not exceed 50; women forced to lie on the floor to recover because there were not enough beds for all the patients. Ration dealers have been given targets of 2 sterilizations per person.
The petitioner has filed a PIL against the Union of India & others in the Supreme Court of India in 2012. This Petition sought adirection which included what are the steps the Government should take to implement the guidelines on sterilization.
The Honorable Supreme Court has accepted the direction sought by the petitioner and the Matter will be listed on 14 July 2014.
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