HC for action as per health ministry policy to stop unnecessary C-sections

The High Court has asked all concerned to follow the policy issued by the Ministry of Health and Family Welfare to stop unnecessary cesarean sections.

The court also directed all parties to make arrangements to raise public awareness about this policy within the next six months.

A High Court bench of Justices Naima Haider and Kazi Zeenat Haque came up with the directives on Thursday while delivering a verdict  resolving the rule issued following a public interest writ filed by Bangladesh Legal Aid and Services Trust (Blast).

After the verdict, Barrister Rashna Imam, the counsel for the writ petitioner, told reporters that according to the court's previous order, the Ministry of Health formed a multi-stakeholder committee to formulate this policy. Later, the ministry presented the policy to the court.

The court then declared the policy issued by the ministry as part of its judgment. As the policy is part of the judgment, it will henceforth have the status of law as per Article 111 of the Constitution, said Rashna Imam.

The final hearing of the rule issued to stop unnecessary cesarean sections took place on Wednesday.

Earlier in June this year, Mahbuba Rahman Akhi went into labour at the Central Hospital and had undergone an emergency C-section. 

She later passed away and her baby did not survive either. Her family and case documents cited negligence of the hospital authorities.

On 30 June 2019, the High Court ordered the formation of a committee consisting of experts and stakeholders to formulate a policy to prevent unnecessary C-sectionS during childbirth.

At the same time, the ruling sought to find out why the defendants' failure to exercise effective supervision to prevent unnecessary cesarean sections at public and private clinics should not be declared illegal.

The High Court bench of Justice Moinul Islam Chowdhury and Justice Md Ashraful Kamal gave the order after hearing the writ petition.