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Supreme Court of India · body

2007 DIGILAW 1144 (SC)

Ramakant Rai v. Union of India

2007-07-26

DALVEER BHANDARI, K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2007
ORDER : K.G. Balakrishnan , CJI., R.V. Raveendran and Dalveer Bhandari, JJ. - Heard both sides. 2. Post this matter for final disposal after eight weeks. 3. Learned counsel for the Union of India (Ministry of Health) seeks modification of the order 1st passed by this Court on 1 March, 2005. This Court therein had indicated that the Union of India (Ministry of Health) should formulate certain guidelines as to who should conduct the sterilisation procedure (operation) both for men and women and this Court therein has stated that : "....Until the Union of India lays down uniform qualification criterion for the empanelment of doctors, for the time being no doctor without gynaecological training for at least 5 years post degree experience should be permitted to carry out the sterilisation programmes;" Learned counsel for Union of India points out that the doctors, who possesses the qualification of MBBS degree, are competent to perform Mini Lap and Vasectomy and for this purpose the doctors are given expert training by the senior doctors and those who have obtained such expert training, can perform the ordinary sterilisation for males and those doctors who possess MBBS qualification with DGO/MD (Gynaecology)/MS surgery and who are eligible to be trained for Laparascopic surgery, can perform such surgery. 4. In the above said circumstances, we make it clear that ordinary sterilisation operations can be carried out by the doctors who possess MBBS qualification and such doctors who are authorised by the Ministry of Health to conduct the operations and those doctors who possess MBBS qualification with DGO/MD (Gynaecology)/MS surgery and are trained for Laparascopic surgery, can perform the Laparoscopic surgeries. 5. In view of the said circumstances, we modify the directions contained in the orders dated 1st March, 2005. The I.A. for modification is disposed of accordingly. I.A.No.15: 6. Learned counsel for the applicant is permitted to file the guidelines, if any.