A PIL was filed in the High Court of Delhi seeking to declare a ban on medically unnecessary, sex-selective surgeries on intersex infants & children except in cases of life-threatening situations in Delhi.
The PIL was filed by Srishti Madurai Educational Research Foundation through advocates Robin Raju, Yash Prakash & Deepa Joseph.
The petitioner organisation alleged 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 Jan 2021 had given a considered opinion that the Respondent Delhi Govt & its state Ministry of Health & Family Welfare should declare a ban on medically unnecessary, sex-selective surgeries on intersex infants & children except in cases of life-threatening situations but no decision has been taken on the opinion of DCPCR.
The plea said, "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 & 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 petitioner also mentioned the Apex Court earlier order where the SC 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 & 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 & children.
The petitioner has urged the Delhi HC to direct the Respondents to implement the opinion of the Delhi Commission for Protection of Child Rights & to declare a ban on medically unnecessary, sex-selective surgeries on intersex infants & 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 & children can be performed.
The petitioner also said that the inaction on the part of the respondent is illegal, & arbitrary, thus violating the fundamental rights of the Petitioner guaranteed under the Constitution of India.
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