The Delhi Commission for Protection of Child Rights (DCPCR) has sought a ban sex selective surgeries on Intersex infants and children in the National Capital of Delhi based on the 2019 verdict of the Madras High Court and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) recommendations, submitted by Madrai-based NGO Srishti Madurai and NNID Netherlands.
The DCPCR’s advise to the Delhi Government has been based on an order issued in the Madras High Court, which sought for a ban on sex selective surgeries except in the case of life threatening situations.
Satendra Singh, a disability rights activist and medical doctor, Air Cmde (Dr.) Sanjay Sharma and Dr Aqsa Shaikh were the petitioners who had moved the DCPCR, seeking a ban on sex change operations on intersex children.
“DCPCR was getting cases of violations of intersex human rights pertaining to children,” said Gopi Shankar Madurai, the founder of Srishti Madurai who is also the South Representative in the National Council for Transgender Persons. “We were asked to give our inputs and prepare a policy for the DCPCR.” Gopi said.
“Based on this precedent and advice from civil societies, we recommended DCPR that it should ask the Delhi government to ban such unnecessary medical intervention. Today, the final order has been released.” Gopi added.
The Madurai Bench of the Madras High Court delivered a landmark judgement on 22 April 2019, that banned sex-selective surgeries on intersex infants recognizing their human right and the right to bodily integrity.
Following this, the Tamil Nadu government issued an order banning sex selective surgeries on infants and children and said that the decision was taken in lieu of the various factors and the opinions of experts, who will give it a green signal only in case of life threatening situations. Whether a particular case is life-threatening or not will be decided on the recommendation of a committee formed by Director of Medical Education (DME), comprising of Paediatric Surgeon/Urologist; Endocrinologist; Social worker/psychology worker/intersex worker; and a government representative not below the rank of undersecretary to the government.