SC seeks Centre’s reply on plea to ban intersex surgery on children

New Delhi: The Supreme Court on Monday sought responses from the Centre, the Central Adoption Resource Authority (CARA) and others on a Public Interest Litigation (PIL) seeking to safeguard the rights of intersex children who undergo unregulated sex change surgeries in the country.

A bench comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submissions of the counsel appearing for the petitioner, Madurai resident Gopi Shankar M, that such intersex persons, on assuming the majority, are also not recognised as voters. "Issue notice," the bench said and asked Additional Solicitor General Aishwarya Bhati to assist it in hearing the PIL.

The lawyer also said that the medical interventions for such sex change surgeries are punishable offences in other jurisdictions. The PIL has made Union ministries of Home Affairs, Social Justice and Empowerment, Health and Family Welfare, Law and Justice, and Women and Child Development parties to the plea. The Registrar General, the Census Commissioner of India and the CARA have also made parties to the plea.

Tamil Nadu became the first and only Indian state to prohibit sex assignment surgeries on infants in 2019, following a directive from the Madras High Court. The state banned these surgeries unless they were deemed necessary to save the baby's life.

According to the United Nations Human Rights Office of the Commissioner, up to 1.7 per cent of the world population are born with intersex traits. This often leads doctors to perform surgeries to align genitalia with typical male or female characteristics. However, it is advocated that such surgeries should only be performed when medically necessary, such as to aid in urination or menstruation.

Intersex activists have raised concerns about the psychological impact of these surgeries on young children who cannot consent. Malta was the first country to outlaw unnecessary surgeries on intersex children in 2015, with several other nations, including Germany, Greece, Iceland, Spain, and Portugal, following suit in subsequent years.

What is intersex surgery?
Intersex surgery, also known as intersex medical interventions (IMI) or intersex genital mutilations (IGM), refers to medical procedures that modify natural variations in reproductive anatomy or genital appearance. These surgeries are performed on intersex infants and children to align their bodies with traditional male or female norms.