Drastic Psychological Impacts: Plea In Delhi High Court Seeks Ban On Medically Unnecessary Sex-Selective Surgeries On Intersex Infants, Children

A PIL has been filed before the Delhi High Court seeking a ban on medically unnecessary, sex-selective surgeries on intersex Infants and children except in cases of life threatening situations.

Moreover, a direction to the Delhi Government and Delhi Commission for Protection of Child Rights (DCPCR) to frame detailed policy or guidelines specifying the conditions when medical surgery on intersex infants and children can be performed, has also been sought.

The plea is filed by Srishti Madurai Educational Research Foundation, a Non-Government funded Trust, which is a forum for Non-binary, Gender Queer & Intersex people.

Filed through Advocates Robin Raju, Yash Prakash and Deepa Joseph, the plea highlights the need to ban sex selective surgeries on infants and children.

Placing reliance on the judgment in National Legal Services Authority (NLSA) v. Union of India where the Supreme Court had opined that no one shall be forced to undergo medical procedures as a requirement for legal recognition of their gender identity, the plea submits that the instant issue is of extreme significance as it pertains to "human rights and bodily integrity of a human being".

In this background, the petition avers:

".. the issue of sex-selective surgeries or medically unnecessary normalizing surgeries has a long lasting drastic psychological impact on the minds of intersex people and deters them from even seeking medical attention in future. This aspect is proved by recent news reports that examine the reasons behind reluctance to seek medical help despite having symptoms of Covid-19 among a significant number of intersex people."

The plea also relies on the decision of Madras High Court directing the Govt. of Tamil Nadu to effectively ban sex reassignment surgeries on intersex infants and children.

Moreover, relying on the decision of the Madras High Court, Dr. Satendra Singh, Air Cmde (Dr.) Sanjay Sharma and Dr. Aqsa Shaikh had submitted a plea before DCPCR highlighting instances wherein intersex people were treated as disabled, and hence approached through a medical lens, reducing them to an impairment leading to medical interventions that could in turn lead to long term impairments requiring lifetime medical care, the plea adds.

The three doctors, in their representation, had submitted that most of the times the surgeries were conducted without prior and fully informed autonomous consent, highlights the petition.

In response to the representation, the DCPCR had appointed Anjali Gopalan and Gopi Shankar Madurai, the founders of the petitioner organization, as its advisors to take a considered decision.

Later, the DCPCR went on to issue an opinion dated 13 January 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 is the implementation of this opinion rendered by DCPCR, that is being sought by the petitioner.

Title: Srishti Madurai Educational Research Foundation v. Govt. of NCT of Delhi & Ors.