Kerala High Court denies permission for surgery on intersex child, stresses rights of minors and gender identity
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Kochi: The Kerala High Court has refused permission for a "genital reconstructive surgery" on a seven-year-old intersex child, sparking a significant debate on minors' rights concerning their sex and gender identity.
The ruling came as Justice VG Arun was reviewing a petition by the child's parents who sought permission for the surgical intervention to raise the child as a female. Justice Arun directed the Kerala government to establish a state-level multidisciplinary committee to address the issue and to formulate regulations governing surgeries on intersex children, reported The News Minute.
The case revolves around a child with 'Congenital Adrenal Hyperplasia (CAH)', a condition affecting the adrenal glands, leading to genital variations. The parents sought the surgery to ensure the child's upbringing as female.
Advocate TP Sajid, representing the parents, contended that the surgery was essential due to the child's growing awareness of physical differences and the possibility of societal exclusion. However, the court-appointed advocate Indulekha Joseph argued for cautious surgical decisions and recommended surgery only in life-threatening scenarios.
In response to the case, the Kerala HC cited concerns about the child's dignity and privacy. Justice Arun emphasised that performing surgery without the child's consent would breach the child's constitutional rights under Articles 14, 19, and 21. The court also stressed that the child's gender identity must not be imposed, considering the irreversible nature of surgeries and potential psychological consequences.
Justice Arun distinguished between 'gender' and 'sex,' noting that these terms are separate and interconnected concepts. He stated, "Sex refers to the biological characteristics... Gender, on the other hand, is a social and cultural construct."
The court ordered the formation of a multidisciplinary committee, including experts in paediatrics and psychology, to assess the child's situation. It also required the government to issue regulations for sex-selective surgeries on infants and children.
Referring to the rights of intersex individuals upheld by the United Nations and Indian legal judgments, the court reinforced the significance of individual dignity and freedom in gender identification.