PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition no. 7117 of 2019
Date of filing: 2019/06/30
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Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

 

Respondents

Secretary, Ministry of Health and Family Welfare, Government of the People’s Republic of Bangladesh

Director General, Directorate of Health Services, Mohakhali, Dhaka

President, Bangladesh Medical and Dental Council, Bijoy Nagar, Dhaka

President, Obstetrical and Gyneocological Society of Bangladesh, Mohammadpur, Dhaka

Facts

The Failure of the Respondents to effectively regulate private and public maternal healthcare service providers (Clinic, hospital and medical practitioners) in Bangladesh to prevent medically unnecessary caesarean sections ( hereinafter referred to as  “C-Section”) has filed this writ petition as public interest litigation.

That the decision to perform a c- section should be primarily based on the question of what is best for or may save the lives of the mother and child.

That the problem of medically unnecessary c-section, as pointed out by the experts quoted in the preceding paragraphs, is amplified by the absence of policies and guidelines in this regard and little-to-no monitoring by the relevant authorities of hospitals and clinics, especially those in the private sector, that provide maternal healthcare services. Patients availing of services of private hospitals and clinics outside Dhaka are most affected by the failure of the Respondents to monitor private hospitals and clinics providing maternal healthcare services as evident from multiple news reports of c-section leading to death.

Rule/Order/Judgment
Date:


Details

Database Last Updated on:
Reference
Writ Petition no. 7117 of 2019
Area of law
Health,
Women’s Rights,
Life,
Liberty
Keywords
c-section, medically unnecessary caesarean
Relevant statute

Articles 15A, 18, 27 and 31, 28, 28 (1), 28(4), 32 of the Constitution of Bangladesh

Bangladesh Medical and Dental Council Act 2010

Medical and Private Clinics and Laboratories (Regulation) Ordinance 1982





Case Number: Writ Petition no. 7117 of 2019
Date of filing: 2019/06/30

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

 

Respondents

Secretary, Ministry of Health and Family Welfare, Government of the People’s Republic of Bangladesh

Director General, Directorate of Health Services, Mohakhali, Dhaka

President, Bangladesh Medical and Dental Council, Bijoy Nagar, Dhaka

President, Obstetrical and Gyneocological Society of Bangladesh, Mohammadpur, Dhaka

Facts

The Failure of the Respondents to effectively regulate private and public maternal healthcare service providers (Clinic, hospital and medical practitioners) in Bangladesh to prevent medically unnecessary caesarean sections ( hereinafter referred to as  “C-Section”) has filed this writ petition as public interest litigation.

That the decision to perform a c- section should be primarily based on the question of what is best for or may save the lives of the mother and child.

That the problem of medically unnecessary c-section, as pointed out by the experts quoted in the preceding paragraphs, is amplified by the absence of policies and guidelines in this regard and little-to-no monitoring by the relevant authorities of hospitals and clinics, especially those in the private sector, that provide maternal healthcare services. Patients availing of services of private hospitals and clinics outside Dhaka are most affected by the failure of the Respondents to monitor private hospitals and clinics providing maternal healthcare services as evident from multiple news reports of c-section leading to death.


Rule/Order/Judgment
Date:
Details
Justices


Reference
Writ Petition no. 7117 of 2019

Area of law
Health,  Women’s Rights,  Life,  Liberty

Keywords
c-section, medically unnecessary caesarean

Relevant statute

Articles 15A, 18, 27 and 31, 28, 28 (1), 28(4), 32 of the Constitution of Bangladesh

Bangladesh Medical and Dental Council Act 2010

Medical and Private Clinics and Laboratories (Regulation) Ordinance 1982


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