Ban on sex-selective surgeries on intersex infants: HC gives Delhi govt 8 weeks to decide on DCPCR’s recommendation

The Delhi HC gave Delhi government eight weeks time to decide on the DCPCR’s recommendation to ban sex-selective surgeries on intersex infants and children except in cases of life-threatening situations.

Representational image. PTI

New Delhi: The Delhi High Court on Friday gave Delhi government eight weeks time to decide on the Delhi Commission for Protection of Child Rights (DCPCR) recommendation to ban medically unnecessary, sex-selective surgeries on intersex infants and children except in cases of life-threatening situations.

According to a Live Law report, A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Srishti Madurai Education, an independent Trust, which sought guidelines specifying the conditions when medical surgery on intersex infants and children can be performed.

Appearing for the petitioner, advocate Robin Raju apprised the court that the DCPCR had submitted a detailed report to the Delhi government on the issue.

However, the government representative sought time to take a decision on the issue, to which the court obliged and gave eight weeks time.

on 13 January, 2021, the DCPCR recommended the Delhi government to ban gender-affirming surgeries performed on intersex infants and children. Until now, gender-affirming surgeries on intersex infants and children continue to be legal in India and most other countries, as long as a parent or legal guardian provides consent for them.

The DCPCR made this recommendation to the government in response to a plea which stated that intersex people are treated as people with disabilities, which results in medically unnecessary surgical interventions which can have a long-term impact and can result in life-long medical treatments. Many of these surgeries are performed without fully informed, free consent, it added.

With inputs from agencies

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