The Madras High Court has extended an invitation to Intersex activist Gopi Shankar Madurai to participate in the upcoming Juvenile Justice Committee (JJC) and Protection of Children from Sexual Offences (POCSO) Committee meeting. The meeting, scheduled for 25 April 2024, at the Madras High Court Auditorium, will be attended by Senior Judges, District Magistrates, Senior State Bureaucrats, and officials from UNICEF.
Gopi Shankar Madurai is expected to present a mandate urging the inclusion of infants and children with diverse Gender Identity, Gender Expression, and Sex Characteristics (GIESC) identities in the policies related to the Juvenile Justice Law and POCSO Act. This meeting will witness the delivery of a wide range of recommendations aimed at enhancing the protection and rights of children with diverse GIESC identities.
In 2019, Gopi Shankar Madurai presented an official report to the United Nations Committee on the Rights of Persons with Disabilities (CRPD). In response, the UN CRPD committee recommended that the Government of India expand the scope of its present policy regime concerning Intersex infants and children, as well as LGBTQ+ individuals with disabilities, including autism.
The recommendations put forth by the UN CRPD committee include:
1. Amendment and implementation of the Government Order by the Director of Medical Education to ban unnecessary medical interventions on Intersex infants and children, along with the formation of an Apex committee involving senior Intersex activists.
2. Usage of the term SOGIESC (Sexual Orientation, Gender Identity, Gender Expression, and Sex Characteristics) instead of LGBTQ, acknowledging the problems associated with using the term LGBTQ for infants and children in India. Highlighting the difference between Sex and Gender identity.
3. Inclusion of Intersex infants and children in the forthcoming census, as well as changing the name and mandate of NCTP to include diverse GIESC infants and children in India.
4. Formation of a scientific panel to study necessary and unnecessary medical interventions on Intersex infants and children, including the inclusion of Medical Geneticists and the concept of genetic counseling in the process.
5. Formation of a High-level State Panel to study the condition of Intersex infants and children and GIESC children in Tamil Nadu and Puducherry. The costs for this study can be supported by the Tamil Nadu State Government and UNICEF-like organizations.
6. Publishing a handbook and guide on Intersex infants and GIESC children in English and Tamil languages for the usage of the Juvenile Justice Committee in Tamil Nadu and Puducherry. This initiative will be funded by the State Government, including Intersex activists.
7. Formation of a Scientific Advisory Panel for GIESC infants and children to advise the Madras High Court, Juvenile Justice Committee, and Juvenile Justice Board, among others.
8. Establishment of rehabilitation and prison facilities for Intersex and GIESC infants and children, including persons with diverse disabilities.
9. Introduction of exclusive grievance mechanisms with helplines for the National Commission for Protection of Child Rights (NCPCR) and other concerned statutory bodies dealing with diverse GIESC infants and children in India.
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