PIL in Delhi HC seeks ban on medically unnecessary, sex-selective surgeries on intersex infants, children

By Amiya Kumar Kushwaha
New Delhi [India], August 16 : A public interest litigation (PIL) was filed in the Delhi High Court seeking to declare a ban on medically unnecessary, sex-selective surgeries on intersex infants and children except in cases of life-threatening situations in the national capital.
The public interest litigation was filed by Srishti Madurai Educational Research Foundation through advocates Robin Raju, Yash Prakash and Deepa Joseph.
The petitioner organisation claimed to be at the forefront in spreading awareness about the necessity to ban sex-selective surgeries on infants with intersex traits.
The petitioner said that the Delhi Commission for Protection of Child Rights (DCPCR) in January 2021 had given a considered opinion that the Respondent Delhi government and its state Ministry of Health and Family Welfare should declare a ban on medically unnecessary, sex-selective surgeries on intersex infants and children except in cases of life-threatening situations but no decision has been taken on the opinion of DCPCR.
"That 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 petition said.
The petitioner also mentioned the Supreme Court earlier order where the top court held that "none shall be forced to undergo medical procedures, including sex reassignment surgeries, sterilization, hormonal therapy, as a requirement for legal recognition for their gender identity and the Madras High Court earlier ruling where it directed the Government of Tamil Nadu to issue a Government Order enshrining the mandate of the Supreme Court so as to effectively ban sex reassignment surgeries on intersex infants and children.
The petitioner has urged the Delhi High Court to direct the Respondents to implement the opinion of the Delhi Commission for Protection of Child Rights and to declare a ban on medically unnecessary, sex-selective surgeries on intersex infants and children. The petitioner also sought to direct the respondents to frame a detailed policy or guidelines specifying the conditions when can medical surgery on intersex infants and children can be performed.
The petitioner also said that the inaction on the part of the respondent is illegal, and arbitrary, thus violating the fundamental rights of the Petitioner guaranteed under the Constitution of India.