High Court Takes Bold Stand: Calls for Policy Action to Prevent Unnecessary C-Sections
Md. Shawkat Alam Faisal: In a significant legal development, the High Court has issued a directive to the government, instructing it to implement compulsory adherence to specific guidelines for cesarean sections in all hospitals and clinics. The primary aim of this directive is to prevent unnecessary cesarean operations.
Additionally, the court has set a timeline of six months for the government to ensure the widespread dissemination of these crucial guidelines.
This decision came about as a result of a writ petition filed by the Bangladesh Legal Aid and Services Trust (BLAST) in 2019. The petition sought essential directives regarding cesarean section practices. The ruling was delivered by the High Court bench consisting of Justice Naima Haider and Justice Kazi Zinat Hoque.
Central to this directive is the incorporation of guidelines formulated by the Ministry of Health in November 2019. These guidelines, titled “Bangladesh National Guidelines and Technical Standards and Operating Procedure for Promotion of Normal Vaginal Delivery (NVD), Prevention of Unnecessary Cesarean Section, Creating Awareness about Necessity and Justification of Cesarean Section,” have now been integrated into the court’s judgment.
Although the full text of the verdict is not yet available, the provided guidelines carry significant recommendations. These guidelines emphasize the need for a national awareness campaign highlighting the adverse effects of unnecessary cesarean sections and underscoring the importance of necessary cesarean procedures.
Furthermore, the guidelines suggest enhancing the skills and competencies of delivery care practitioners in performing normal vaginal deliveries. They also call for a comprehensive review of existing laws, rules, and procedures to identify any weaknesses and propose modifications to ensure the rights of patients, care seekers, and healthcare providers.
In a move aimed at improving healthcare standards, the guidelines make it mandatory for private hospitals and clinics providing delivery care to have certified midwives and maintain a functional, standardized labor room.
Barrister Rashna Imam, representing the petitioner, emphasized that all relevant authorities, including the Ministry of Health, the Directorate of Health Services, the Bangladesh Medical and Dental Council (BMDC), hospitals, and doctors, are now bound to adhere to these guidelines.
If implemented effectively, this directive is expected to significantly reduce unnecessary cesarean sections, aligning medical practices with the best interests of patients and healthcare providers.
Deputy Attorney General Amit Das Gupta noted that this High Court judgment marks another step in empowering women by ensuring their access to safer and more appropriate medical procedures during childbirth.
Md. Shawkat Alam Faisal is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi
