[ This is a letter addressed to Raman Singh, the Chief Minister of Chhattisgarh by several concerned individuals and organizations regarding the impunity with which medical guidelines are put aside by professionals who enjoy the patronage and protection of the state government.]
We, the 138 undersigned individuals and organizations working across the country on health and women’s rights are shocked and dismayed that the case against surgeon Dr. R. K. Gupta has been dismissed by the Hon’ble High Court on grounds that “the alleged act committed by the petitioner was while acting in discharge of his official duty and admittedly no previous sanction was obtained before initiating prosecution case against him”.
The Anita Jha Judicial Enquiry Commission report has clearly pointed out that “It is evident from the facts that in the camps organized on 8.11.2014 and 10.11.2014 there was a breach in the important necessities hence the standard operating procedure were not followed. As a result of which the symptoms of infections were found in post operative female beneficiaries“. It further states that “On the background of deliberation of investigation point number 1 to 3, investigation committee has found following persons Guilty/responsible, functionary, during 08 and 10 November, 2014:- 4.1 For not following standard procedures and for medical negligence by immediate functionary Block Medical Officer, Takhatpur…………….and surgeon who conducted surgery in tubectomy camp at Sakri and Gaurella ( Surgeries were completed by the same surgeon in the both camps)”.
It is a pity that the case has been dismissed by the Hon. High Court purely on technical grounds, thereby denying justice to the bereaved families of those 13 young women who died in Bilaspur district, the many more women who suffered serious illness in hospitals and the many small children deprived of their mothers’ care.
However, the Hon’ble Court in its judgement has stated that “the respondents State shall be free to take previous sanction of the State Govt. in this regard if it still desires to prosecute the petitioner and in the event of obtaining sanction, they would be at liberty to further prosecute the petitioner. It is made clear that this Court has not given any opinion on the merits of the case as the prosecution case was not sustainable on the preliminary objection itself and the merits of the case is still left open to be considered and adjudicated upon at a subsequent appropriate stage if the situation so arises…”.
We therefore urge that your government put the wheels of justice back on track, and immediately give permission for prosecution of surgeon Dr. R. K. Gupta, to ensure that this case becomes a deterrent example for anyone who tries to subvert the Sterilization Guidelines. Since the judgment has given Chhattisgarh state the liberty, after according sanction, to prosecute Dr. R. K. Gupta, not doing so would amount to shielding him deliberately.
We are also very disappointed to note that the Chhattisgarh government has greatly reduced provision of sterilization services as a public health service in government facilities, forcing poor women to take recourse to the private sector at extremely high cost and a lot of inconvenience.
We would urge you to reconsider this decision and make these services available in the public hospitals both for men and women, while ensuring high quality and informed choice for those who opt for this contraceptive method.
We look forward to your active cooperation and support on these two issues.
Thank you.
List of signatories:
- Action India, New Delhi
- All India Democratic Women’s Association (AIDWA)
- CommonHealth, India
- Ellora Vigyan Mancha, Guwahati
- Healthwatch Forum UP
- Jan Swasthya Abhiyan (People’s Health Movement India)
- Karnataka Janaarogya Chaluvali, Karnataka
- MASUM Pune
- Madhya Pradesh Maternal Health Rights Campaign
- National Alliance for Maternal Health and Human Rights, India
- Right To Food Campaign, India
- SAHAYOG Lucknow UP
- SAHELI for Women, New Delhi
- Women Against Sexual Violence & State Repression (WSS)
- Abha Bhaiya JAGORI Rural, HP
- Dr. Abhy Shukla, formerly of SATHI, Pune
- Afaq Ullah, Awadh Peoples Forum, Faizabad UP
- Ajay Mishra, Krishna Vikas Evam Prakriti Prabandhan Sanstha, MP
- Amar Jesani, Editor, Indian Journal of Medical Ethics
- Amita Pitre (Fulbright-Nehru Visiting Scholar, Emory University, Atlanta) Research Scholar, Tata Institute of Social Sciences, Mumbai
- Anant Phadke, AIDAN
- Anubha Rastogi, Human Rights Lawyer and Member, NAMHHR, Mumbai
- Anuradha Kapoor, SWAYAM Kolkata
- Anupama Potluri University of Hyderabad Telengana
- Dr. K. R. Antony, Former Director, State Health Resource Centre, Chhattisgarh
- Arun Tyagi, Gram Sudhar Samiti, MP
- Arundhati Dhuru, NAPM
- Ashok Sahkya, Youth Club, Datiya
- Asim Sircar, Gyan Vigyan Samiti
- Avnish Kumar Mishra, Avadh Kishor Shiksha Samiti, MP
- Dr Babita Vijpuriya, Gahoi Mahila Mandal, Datiya, MP
- Bharat Kant Dvivedi,Jayati Jan Seva Samiti, MP
- Bhola Rajak, Manav Vikas Seva Samiti, Rewa
- Bindhulakshmi P, Associate Professor TISS
- Dr Bittu Karthik, WSS, Sonepat Haryana
- Dr Brajaraj Sundar Ghosh, Regional Programme Monitor, Clinical Development Services Agency
- Chhaya Datar (retd Prof.) TISS
- Chhaya Pachauli, PRAYAS Rajasthan
- Chinu Srinivasan, LOCOST
- C. Sathyamala, MFC
- Deepa V, SAMA Delhi
- Deepak Kumaraswamy, Mysore Karnataka
- Deepika Joshi, Jan Swasthya Abhiyan, Chhattisgarh
- Dhruv Bhai, Kisan Kamgaar Parishad, Rewa
- Denny John, Associate Editor, International Journal of Technology Assessment in Health Care (IJTAHC)
- Devika Biswas Healthwatch Forum Jharkhand
- Dhruv Mankad, Pune
- D.S. Singh Sadbhawna Gramin Vikas Sansthan, Basti UP
- Gabriele Dietrich, Pennurimai Iyakkam, Tamil Nadu
- Geetha Nambisan, JAGORI Delhi
- Dr. Goldy M. George, Activist, Researcher & Writer, Chhattisgarh
- Himshi Singh NAPM Delhi Secretariat Delhi
- Hridayesh Singh, Poshan Abhiyan Manch, Rewa
- Ilina sen, Professor, Womens Studies, TISS, Mumbai
- Imrana Qadeer, retd Prof. JNU
- Indira Chakravarthi, Public Health Researcher
- Jashodhara Dasgupta, New Delhi
- Jiban Krushna Behara, SODA Odisha
- Johanna Lokhande
- Dr. J. R. Narayan, Patrakar Nagrik Manch, Rewa, MP
- Kalyani Menon Sen, Feminist Learning Partnerships, Gurgaon
- Kajal Jain, MASUM Pune
- Kamlesh, BGVS Uttarakhand
- Kedar Rajak, Sanjivani Vikas Samiti, MP
- Krati Sharma, New Delhi
- Madan Pal Singh, SARATHI Development Foundation Lucknow
- Madhurima Nundy, Institute of Chinese Studies, Delhi
- Madhuri, Jagrit Adivasi Dalit Sangathan, M.P
- Madhuri Lata Singh, Mandakini Manav Kalyan Gram Vikas Evam Takniki Sansthan, MP
- Manju Singh, Amrita Seva Sansthan, MP
- Mary E John, Senior Fellow, Centre for Women’s Development Studies, New Delhi
- Meera Sanghamitra NAPM, WSS Telengana
- Mira Shiva, Initiatives for Health and Equity in Society
- Mohit P. Gandhi, PhD Student, JNU
- Monisha Behal, North East Network
- Dr. Mohan Rao Professor, Centre of Social Medicine and Community Health, School of Social Sciences, Jawaharlal Nehru University
- Dr. Narendra Gupta, PRAYAS Rajasthan
- Nayana Dhavan, Delhi
- Nisha Biswas, Kolkata
- Niti Saxena Lucknow
- Dr. Olinda Timms, Adjunct Professor St John’s Research Institute Bangalore
- Pallavi Gupta, Public Health Professional, New Delhi
- Paromita Vohra, Filmmaker and writer
- Prasanna Saligram SOCHARA Bangalore
- Pramod Tiwari, Manav Foundation Sheopur MP
- Puneet Narayan Shukla, Ananya Bahuuddeshiy Vikas Samiti, MP
- Pushpa Achanta WSS Bengaluru Karnataka
- Pyoli Swatija, Samajwadi Jan Parishad Delhi
- Radha Holla Bhar, Delhi
- Rajdev Chaturvedi Grameen Punarnirman Sansthan Azamgarh
- Rajalakshmi, Independent Researcher and PhD Scholar (TISS)
- Rajpal Singh, Parihar Pragati Sanstha, Datiya
- Dr. Ramji Rai, Swadesh Sanstha, Datiya MP
- Ramnivas Patel, Akanksha Grameen Vikas Samiti, MP
- Renu Khanna, SAHAJ and Commonhealth
- Ritu Dewan, Director Centre for Development Research and Action, Mumbai
- R Srivatsan, ANVESHI, Hyderabad
- Runu Chakraborty Ghaziabad UP
- S. P. Gautam, Jan Sahayak Samaj Sevi Sansthan, MP
- Dr. S.V. Nadkarni, Ex. Dean L.T.M. Med. College, Sion, Mumbai,
- S Maya, Sree Kerala Varma College Kerala
- Sadhna Dubey, Paramhans Seva Sasnthan Samiti, MP
- Sanjay Tiwari, Patrika News, Sheopur Madhya Pradesh
- Sarojini NB, People’s Health Movement, New Delhi
- Samir Dass, Jharkhand Science Forum, Ranchi
- Sanjeeta Gawri, Public Health Professional, Delhi
- Satnam Singh, Jan Swasthya Abhiyan Haryana
- Saraswati Sahu & Neera Dehariya, Mahila Multi Morcha Chhattisgarh
- Sejal Dand, Director ANANDI
- Dr. Shakeel, CHARM Bihar
- Shalini Gera Advocate Jagdalpur Legal Aid Group Bilaspur
- Shampa Sengupta, Disability Activist, Kolkata, West Bengal
- Sheetal Sharma, North East Network, Assam
- Sheela Prasad, Professor, University of Hyderabad
- Sheshmani Shukla, Kisan Adivasi Maha Panchayat, Rewa
- Shewli TISS
- Prof. Shoma Sen RTM Nagpur University Nagpur
- Shradha Singh, Nari Chetna Manch, Rewa
- Shweta Sharma, Shubha Jan Kalyan Samiti, Datiya
- Suneeta Dhar, New Delhi
- Smriti, Sathiya Welfare Society Bhopal, MP
- Sr Chaturvedi, Bal Pragati Sanstha, MP
- Sudha Bharadwaj, General Secretary, Chhattisgarh PUCL
- Dr. Suresh S., Convenor, Prajarogya Vedika, AP
- Sulakshana Nandi, Jan Swasthya Abhiyan Chhattisgarh
- Sunita Bandewar. Working Editor, Indian Jr of Medical Ethics, and Secretary, Forum for Medical Ethics Society. Pune, MH, India.
- Dr. Sunil Kaul, the Ant Chirang Assam
- S. P. Gautam, Jan Sahayak Samaj Sevi Sansthan, MP
- Tarun Mishra, Sadbhavna Seva Sansthan, MP
- Tultul Biswas Madhya Pradesh Mahila Manch
- Uma Chakravarti, Retd. Professor DU feminist historian Delhi
- Uma Sen, Mamata Mahila Mandal, Sidhi, MP
- Dr. Vandana Prasad, Working Group for Children Under 6
- Veena Johari, Advocate Courtyard Attorneys Mumbai
- Veena Poonacha, Retd. Prof. Research Centre for Women’s Studies, SNDT Women’s University Mumbai
- Veena Shatrugna, former Dy. Director National Institute of Nutrition Hyderabad
- Vinay Kulkarni, Prayas (Health Group), Pune.
- Vinaya Deshpande, Resident Editor, The Sunday Guardian, Mumbai
KAFILA - COLLECTIVE EXPLORATIONS SINCE 2006 
The decision of the court is disappointing. Many women were subjected to severe suffering by sterilisation in health camps. The doctors who performed operations were let off without punishment in most cases. Many women died due to unsuccessful operations.
First of all, male sterilisation should be given prominence. Male family plannin operations are easier, safer and cause less side effects. The person undergoing such operation need not take long rest. Whreas women undergoing operations need longer rests, the operation is more complex and chances of side effects are very high compared to male. Sadly, male sterilisation percentage in india is very low.
Hence, there is a need to conduct awareness programs explaining the advantages of male contraception. Camps for male sterilisation should be increased. Women sterilisation should be discouraged.
The male hegemony is prime reason for such sufferings of women.
The case must not only be reviewed and the doctor guilty punished, but also other doctors ( for example in Karnataka) should also be investigated and punished. The governments shielding doctors is deplorable. The movement should extend country- wide and address the problem in thebentire country
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