We, the 140 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 UttarakhandKamayani Blai Mahabal, feminsir and human rights activist, NAMHHR, Mumbai
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