Sweta Singh–
Published on: August 25, 2021, at 18:23 IST
On Wednesday, The Delhi High Court issued a notice to Delhi Commission for Protection of Child Rights (DCPCR) and Delhi Government on the Petition highlighting the need to ban sex-selective surgeries on infants born with “intersex features”.
Before the Delhi High Court, a PIL has been filed seeking a ban on medically futile, sex-selective surgeries on Intersex Infants and Children except in cases of severe position.
Moreover, a direction to the Delhi Government and Delhi Commission for Protection of Child Rights (DCPCR) to frame comprehensive policy or guidelines pointing out the conditions when medical surgery on Intersex Infants and Children can be performed, has also been sought.
The plea was filed by Srishti Madurai Educational Research Foundation, a Non-Government funded Trust, which is a symposium for Non-binary, Queer & Intersex people.
Placing reference on National Legal Services Authority (NALSA) v. Union of India, where the Supreme Court had to surmise that no one shall be compelled to go through medical procedures as a prerequisite for legal recognition of their gender identity.
Also, the plea acknowledges the instant issue is of utmost connotation as it pertains to “human rights and bodily integrity of a human being”.
In this backdrop, the petition asserted that,“.. the issue of sex-selective surgeries or medically futile normalizing surgeries has an abiding harsh psychological brunt on the minds of intersex people and intimidate them from even seeking medical consideration in the future. This aspect is proved by recent news reports that check out the reasons behind the hesitancy to seek medical help despite having symptoms of Covid-19 among a compelling number of intersex people.”
The plea also relies on the Judgment of the Madras High Court directing the Govt. of Tamil Nadu to adequately ban sex reassignment surgeries on Intersex Infants and Children.
The three doctors, in their depiction, had submitted that major times the surgeries were organized without previous and thoroughly abreast autonomous consent, highlighted in the Petition.
The Commission derived the conclusion on January 13, 2021, that the Delhi Government should acknowledge a ban on medically futile, sex-selective surgeries on Intersex Infants and Children except in cases of life-threatening situations, the plea added.
The Petition is sought to execute the standpoint of DCPCR. The High Court will further hear the case in October.
Also Read: Delhi HC: Plea seeks Ban on Sex-selective Surgeries on Intersex Infants & Children