Sex-Selective Surgeries On Intersex Children: High Court Seeks Delhi Govt’s 'Up-To-Date' Status Report On Draft Policy

The Delhi High Court has sought an “up-to-date” affidavit from the Delhi Government on the status of the draft policy regarding sex selective surgeries on intersex infants and children.

Justice Jasmeet Singh was hearing a petition filed by Srishti Madurai Educational Research Foundation seeking contempt action against the authorities for non-compliance of an order passed by a division bench in July last year.

Vide the said order, the Delhi Government was directed to take appropriate decision on the recommendation given by Delhi Commission for Protection of Child Rights (DCPCR) to declare a ban on medically unnecessary sex-selective surgeries on intersex infants and children except in cases of life-threatening situations, within eight weeks.

Advocate Robin Raju appearing for the independent trust submitted that despite the said directions, the Delhi Government failed to take any action till date.

The counsel appearing for the Delhi Government, on the other hand, handed over a letter issued on August 25 stating that a Committee under the chairmanship of Dean of Maulana Azad Medical College (MAMC) was constituted by Directorate General of Health Services (DGHS) for drafting the policy in question.

In view of the said letter, Justice Singh did not issue notice on the contempt petition. However, the court ordered, “Let the matter be listed after 8 weeks for the respondent to file an up- to-date status report indicating the status of the draft policy.”

The matter will now be heard on November 20.

The petitioner trust had moved a PIL last year seeking guidelines specifying the conditions when medical surgery on intersex infants and children can be performed. The trust told the court that DCPCR had submitted a detailed report to the Delhi Government on the issue of Sex-Selective Surgeries on intersex infants and children.

The Delhi Government had then sought time to take appropriate decision on the said recommendations, for which eight weeks’ time was given by the court.

The DCPCR issued an opinion on January 13, 2021, stating that the Delhi Government should declare a ban on these sex selective surgeries. This opinion was based on the response of the Delhi Medical Council, Department of Health and Family Welfare, Govt. of NCT of Delhi and Department of Social Welfare, Govt. of NCT of Delhi.

It was the implementation of this opinion rendered by DCPCR, that was being sought by the petitioner trust.

Case Title: SRISHTI MADURAI EDUCATIONAL RESEARCH FOUNDATION v. GOVERNMENT OF NCT OF DELHI & ORS.

Click Here To Read Order