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Karnataka HC Allows Hysterectomy for Woman with Intellectual Disability: Reproductive Autonomy Under RPwD Act & Article 21

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
23 Jun 2026
~2 min
Source: Indian Express
Key Data:Section 10, RPwD Act, 2016Article 21Dr. Narendra Gupta v. UOI (2023)Suchita Srivastava v. Chandigarh Administration (2009)Z v. State of Bihar (2017)2022 Guidelines to Prevent Unnecessary Hysterectomies
Bodies:Karnataka High CourtSupreme Court of IndiaOrissa High CourtGujarat High Court
Practice MCQs from today's news ▸
What This Article Covers

1.Karnataka HC invoked parens patriae to allow hysterectomy for a 23-year-old intellectually disabled woman after a medical board confirmed she lacked capacity to consent.

2.Section 10 of RPwD Act 2016 prohibits forced sterilization without free and informed consent; courts intervene when the person cannot consent.

3.Supreme Court in Dr. Narendra Gupta v. UOI (2023) directed strict implementation of 2022 Guidelines to Prevent Unnecessary Hysterectomies, highlighting violations of Article 21.

The Big Picture
Prelims · HighMains · High

Karnataka High Court permitted hysterectomy for a 23-year-old woman with severe intellectual disability, raising complex questions on reproductive autonomy. The judgment highlights the legal tension between Section 10 of the Rights of Persons with Disabilities Act, 2016 (requiring free consent) and the doctrine of parens patriae when women lack capacity to consent. Landmark Supreme Court cases on abortion rights for intellectually disabled women (Suchita Srivastava, Z v. State of Bihar) further shape this debate. For exam aspirants, this is a critical intersection of Constitutional law (Article 21), disability rights, and medical ethics.

Exam Lens

Quick Exam Facts From News

Key Legal ProvisionSection 10, Rights of Persons with Disabilities Act, 2016
Landmark SC Case (Hysterectomy)Dr. Narendra Gupta v. Union of India (2023)
Landmark SC Case (Abortion Rights)Suchita Srivastava v. Chandigarh Administration (2009)
Constitutional ArticleArticle 21 – Right to personal liberty and reproductive choices
Central GuidelinesHealth Ministry’s 2022 Guidelines to Prevent Unnecessary Hysterectomies
Other Key CaseZ v. State of Bihar (2017) – delayed abortion due to third-party consent

1-Minute Revision

  • ›Key Legal Provision: Section 10, Rights of Persons with Disabilities Act, 2016
  • ›Landmark SC Case (Hysterectomy): Dr. Narendra Gupta v. Union of India (2023)
  • ›Target this Data: Section 10 of the Rights of Persons with Disabilities Act, 2016 – prohibits forced sterilization.
  • ›Target this Nodal Body: Union Health Ministry’s 2022 Guidelines to Prevent Unnecessary Hysterectomies – mandated by SC in Dr. Narendra Gupta case.
  • ›Target this Legal Point: Article 21 – Supreme Court recognized reproductive choice as part of personal liberty in Suchita Srivastava (2009).

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which Act contains the provision that prohibits subjecting persons with disabilities to medical procedures leading to infertility without free and informed consent?

Q2Statement-basedHard

Consider the following statements regarding reproductive autonomy of women with intellectual disabilities:

1. In Suchita Srivastava v. Chandigarh Administration (2009), the Supreme Court held that the state could not force an abortion on a woman with mild intellectual disability without her consent.

2. The Medical Termination of Pregnancy Act, 1971 allows guardian consent for abortion in cases of intellectual disability.

3. In Z v. State of Bihar (2017), the Supreme Court awarded compensation to the woman because the hospital’s insistence on third-party consent led to delay beyond the legal abortion limit.

Which of the statements given above is/are correct?

Q3Data-centricMedium

In which year was the landmark Supreme Court judgment in Suchita Srivastava v. Chandigarh Administration delivered?

Q4Application/ImpactMedium

What is the primary legal challenge that courts face when deciding hysterectomy cases for women with severe intellectual disabilities?

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