RANICHAND BAIGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Public Interest Litigation has been brought about by the petitioners who are supposed to belong to primitive tribal groups and are officially labelled as Particularly Vulnerable Tribal Groups (PVTG). They have a grievance that based on an archaic Office Order dated 13.12.1979 issued by the erstwhile state of Madhya Pradesh, specially the department of Public Health and Family Welfare, the tribes or sub-tribes whose names have been indicated and who inhabit the geographical areas indicated therein are barred from availing the facility of undergoing family planning procedure by Tubectomy or vasectomy etc.

(2.) According to the petitioners, such an embargo by an administrative order in the name of protection of the group violates their constitutional right under Article 21 of the Constitution of India.

(3.) While the matter was under consideration, the State of Chhattisgarh has now issued yet another notification dated 26.05.2017, a copy of which is Annexure- R/1. This Circular permits sterilization but for which prior permission of the Sub-Divisional Magistrate is required to be taken. Even the said circular or guideline dated 26.05.2017 is being assailed because the modified circular also in no manner takes away the vulnerability of such decision on the touch-stone of the Article 21 of the Constitution of India.