SC seeks Govt response on PIL alleging unregulated sex-change surgeries
The term ‘intersex' is used for people born with reproductive or sexual anatomy which does not fix the boxes of male or female and in some cases, the surgeons perform procedures on such children to make their bodies fit the binary ideas of ‘male' and ‘female'.
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A bench headed by CJI D Y Chandrachud took note of the submissions of the petitioner's counsel that such intersex people are subjected to unregulated surgeries putting them at risk. File photoThe Supreme Court on Monday sought the views of the Centre on a PIL seeking its intervention to protect the interests of intersex children by regulating medical interventions, including sex reassignment surgeries at birth.
The term ‘intersex’ is used for people born with reproductive or sexual anatomy which does not fix the boxes of male or female and in some cases, the surgeons perform procedures on such children to make their bodies fit the binary ideas of ‘male’ and ‘female’.
A three-judge bench presided by CJI D Y Chandrachud also issued notice to the Central Adoption Resource Authority on the plea by Madurai resident Gopi Shankar M, who contended the unregulated surgeries were putting intersex persons at risk.
Stressing the need for a law to regulate such medical interventions and associated factors, the counsel appearing for the petitioner told the bench, also comprising Justices J B Pardiwala and Manoj Misra, that in many states, such surgeries are being performed on infants with the consent of their parents. It is only in Tamil Nadu that the High Court has banned them until the child attains the age of giving informed consent, the counsel added.
The counsel pointed out that such medical interventions are punishable offences in other jurisdictions, and that there are special teams of doctors to determine whether the sex determination surgery is urgently needed or whether it can wait until the child attains the age of giving informed consent. “In similar fashion, we do not have any legal mechanism.” The court asked ASG Aishwarya Bhati to assist it in the matter.
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