Well in a country where the C word called consent is assumed upon, where the legal implications of anything and everything are uncared for. Where rape is as common an incident as stealing and as prevalent as love for cricket.
Consent is a luxury only the educated and elite have, or as I say who are in a position to sue you, if wronged.
I recently came upon an incident where a lady delivering her third baby was undertaken tubectomy with the consent taken forcefully. What’s shameful is the fact that the consent wasn’t even hers, it was her mother’s.
Well the section 13 of the Indian Contract Act defines consent, it states that two or more persons are said to consent when agree upon the same thing in the same sense.
The consent must not be obtained by undue pressure. It must be free and voluntary and given after a full explanation of the reasons for which it is required (informed consent)
Any individual above the age of 12 can give medical consent unless (he is neurotic or is an accused (section 53(1) CrPC.
Moreover, In any procedure affecting the rights of a spouse, like sterilisation, hysterectomy, informed consent of the spouse must be taken.
So in this scenario all these conditions were obviously ignored upon. I saw the face of the lady who gave consent holding her grandson in one hand and the tubes(fallopian tubes) of her daughter in another.
We are living in 2018, we give speeches on gender improvement, yet frown upon when a daughter is born, yet we come across a 16 year old married girl, yet we perform procedures on women without their CONSENT.
It’s my body, it’s my right, it’s my choice, it’s my decision to do with it whatever I like, and it’s my right to be informed and to give consent.