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Karnataka HC Allows Hysterectomy for Woman with Severe Developmental Disabilities

India Legal Live•
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Summary

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  • The Karnataka High Court has authorized a Total Abdominal Hysterectomy for a 23-year-old woman with severe intellectual and developmental disabilities, emphasizing her health and dignity.
  • Justice Suraj Govindaraj ruled under parens patriae jurisdiction, noting the woman's inability to provide informed consent due to her medical conditions, including cerebral palsy and a seizure disorder.
  • A multidisciplinary Medical Board unanimously concluded that the surgery was necessary, as she could not manage menstrual hygiene and faced significant health issues.
  • This ruling underscores the constitutional protection of reproductive autonomy for persons with disabilities while ensuring comprehensive post-operative care and support.

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