The Supreme Court has sought the response of the Union government on a public interest litigation seeking separate legal recognition and constitutional safeguards for persons born with congenital variations in sex characteristics, commonly referred to as intersex persons.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order on Friday on a petition filed by Shamshravish Rein, a practising Advocate before the Supreme Court.
Appearing as petitioner-in-person, Rein sought a declaration that intersex persons constitute a distinct and identifiable class for the limited purpose of securing targeted constitutional protection and legal safeguards, without affecting the rights already available to transgender persons under law. He further sought a direction to the Centre to frame statutory guidelines within six months and constitute a National Medical Protocol Committee for Intersex Care within three months.
The petitioner also sought an immediate nationwide ban on medically unnecessary or irreversible surgical or hormonal interventions on intersex infants and children until they are capable of giving informed consent.
The plea further sought amendments to rules governing passports, Aadhaar, birth registration, education and employment records to provide appropriate recognition to intersex persons. It also seeks a framework for reservation in education and public employment, as well as measures to ensure that intersex persons are not excluded from inheritance and succession laws.
Clarifying the scope of the petition, the petitioner stated that it did not seek to dilute or interfere with the rights of transgender persons. Instead, it argues that intersex status is a congenital biological condition that presents distinct medical, legal and social challenges requiring separate constitutional protection.
Rein alleged that intersex persons in India were often subjected to non-consensual “normalisation” surgeries during infancy, face social stigma and abandonment, along with barriers in inheritance, legal recognition and access to affirmative action.
The plea contended that because intersex children may be born with ambiguous genitalia, atypical chromosomal patterns or other variations in sex characteristics, they require legal recognition and protective measures from birth to effectively secure their rights under Articles 14, 15 and 21 of the Constitution.
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