Sex-selective surgeries on intersex infants: Delhi HC asks Govt to update status of draft policy

New Delhi: Hearing a plea concerning sex-selective surgeries on intersex infants and children, the Delhi High Court has asked for an up-to-date report regarding the status of a draft policy from the Delhi government.   

The high court passed the order after it was informed by the counsel for the Delhi government that a committee under the chairmanship of the Dean of Maulana Azad Medical College (MAMC) was constituted by the Directorate General of Health Services (DGHS) for drafting such a policy.

It was hearing a petition seeking contempt action against the Delhi government for alleged non-compliance with the high court's September 27, 2022 order by which the state was granted eight weeks to take appropriate decisions on the recommendations made by the Delhi Commission for Protection of Child Rights (DCPCR) on the issue of sex-selective surgeries.

Also read- Plea In Delhi HC Seeks Ban On Medically Unnecessary Sex-Selective Surgeries

Sex-selective surgeries involve medical procedures performed on intersex infants, who may not display all biological differences at birth. Intersex children are those that have genitals, chromosomes or reproductive organs that don't fit into a male/female sex binary.

"Keeping in view the letter dated August 25, 2023, as of today, I am not inclined to issue contempt notice. Let the matter be listed after 8 weeks for the respondent (Delhi government) to file an up-to-date status report indicating the status of the draft policy," Justice Jasmeet Singh said in a recent order.

In the main petition, the DCPCR had recommended that the Delhi government should declare a ban on medically unnecessary sex-selective surgeries on intersex infants and children except in cases of life-threatening situations.

The Public Interest Litigation (PIL) was filed by Srishti Madurai Educational Research Foundation through advocates Robin Raju, Yash Prakash and Deepa Joseph who have sought direction from the government to implement the DCPCR's recommendations and declare a ban on such surgeries.

Medical Dialogues team had earlier reported that the petitioner organization had mentioned that back in January 2021 the DCPCR had given a considered opinion that the Respondent Delhi government and its state Ministry of Health and Family Welfare should declare a ban on medically unnecessary, sex-selective surgeries on intersex infants and children except in cases of life-threatening situations but no decision have been taken on the opinion of DCPCR.

In this context, the petitioner relied upon the Supreme Court's earlier order where the top court held that "none shall be forced to undergo medical procedures, including sex reassignment surgeries, sterilization, hormonal therapy, as a requirement for legal recognition for their gender identity."

Further, the Madras High Court had also directed the Government of Tamil Nadu to issue a Government Order enshrining the mandate of the Supreme Court to effectively ban sex reassignment surgeries on intersex infants and children.

The plea further mentioned that relying on the decision of the Madras High Court, three doctors had submitted a plea before DCPCR. In that plea, they had pointed out the instances where intersex people were treated as disabled, and hence the petition mentioned that approached through a medical lens, reducing them to an impairment leading to medical interventions could in turn lead to long-term impairments requiring lifetime medical care.

Also read- Medically Unnecessary Sex-Selective Surgery: Delhi HC Issues Notice To State, DCPCR