The Delhi High Court on Wednesday, 25th August, issued a notice to the Delhi government and the national capital's Child Rights Commission on a petition seeking to ban sex-selective surgeries on intersex infants and children, except when it is life-threatening.
The division bench of Chief Justice D.N Patel and Justice Jyoti Singh asked the concerned authorities to respond to the petition filed by Srishti Madurai Educational Research Foundation. The next date of hearing in the matter is scheduled on 11th October.
As per the petition, intersex people are those who are born with reproductive or sexual anatomy that does not fit the typical definitions of female or male, reported The Indian Express.
In its plea filed through advocate Robin Raju, Srishti Madurai Educational Research Foundation, a non-governmental trust, cited an opinion given by DCPCR against such kind of medical procedures and said that the apex court has already held that one cannot be forced to undergo such surgeries as a need for legal recognition of their gender identity.
The organisation also told the court that the state has not taken any steps yet in this regard. It stated that the recommendation given by DCPMR for a ban on such procedures was sent to the Delhi government and the state health department in January.
'Long Term Psychological Effects On Intersex Individuals'
"The matter of sex-selective surgeries or medically unnecessary normalising surgeries has a long term extreme psychological effect on the minds of intersex individuals and restricts them from even seeking medical help in future," the petition said.
The petition also mentions that the state of Tamil Nadu has already banned sex-selective surgeries on children and infants born with "intersex" traits. "Tamil Nadu thus became the first in the country and Asia and second across the world, to ban such procedures on these groups," the organisation has mentioned.
Besides seeking implementation of DCPCR's recommendation, the petition also seeks framing of a detailed policy or guidelines specifying the conditions when the medical surgery on intersex infants and children can be performed.