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Delhi HC Asks Delhi Govt.’s Stand on Sex-Selective Surgeries Ban on Intersex Babies

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Delhi High Court Law Insider

Aastha Thakur

Published on: 31th July 2022 at 16:30 IST

The High Court of Delhi issued notice to Delhi Government while disposing a petition filed by NGO Srishti Madurai Educational Trust. The petition was filed seeking directions for Delhi government to implement set of recommendations to ban sex-selective surgeries on intersex babies and children, except in life-threatening situations issued by the Delhi Commission for the Protection of Child Rights (DCPCR).

The Bench was led by Chief Justice Satish Chandra Sharma and Justice Subramonium disposing the plea, giving eight weeks to Arvind Kejriwal-led government to come up with their decision on this matter.

The present petition also seeks the Court to declare a ban on “medically unnecessary” sex-selective surgeries on intersex infants (with both male and female sex characteristics) and children; and a writ or order to direct the Delhi government to frame a detailed policy or guidelines specifying the conditions when medical surgery on intersex infants can be performed.

On receiving the plea, DCPCR made these recommendations to Delhi Government to deal with issues where intersex people are treated as disabled and approached through a medical lens, ‘reducing’ them to an ‘impairment’ which leads to them being subjected to medical interventions which can lead to long-term impairments. these surgeries are mostly conducted without prior and fully informed consent. The plea submits the surgeries are mostly carried out without obtaining prior consent/assent of patients.

In its recommendations, the Commission advised to bring intersex people on board to become member of committee as they being part of marginalised background can also look into the matter.

Srishti Madurai Foundation’s plea also referred to the Madras High Court’s 2019 order to the Tamil Nadu government to ban sex reassignment surgeries on intersex infants and children.