Mr. Gopi Shankar M filed a Public Interest Litigation before the Hon’ble Supreme Court pertaining to the issue of Inter Sex Children recognition. Petitioner claims that there is no formal recognition of Inter sex persons to identify themselves in this society for legal requirements. Petitioner has also raised issue about Inter sex surgeries for children.
The case was called upon for the proceedings before Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Hon’ble Justices paid their attention to the precedent cases regarding Inter Sex Children. Especially the Judgment from Madras High Court by Justice G R Swaminathan in the case Arunkumar and Sreeja v. The Inspector General of Registration and Ors. The judgement in the year of 2019 held that though the parents give consent for Inter sex surgery for their children, the consent of the children is very vital to determine their gender.
Inter sex is a state where one person is born with bodily features that are different from the common perceptions of identifying male or female. In such case, advice from medical experts and the consent of the individual play huge role to undergo Inter Sex Surgery.
With consideration of the above mentioned precedent and the medical expert opinions, the Hon’ble Supreme Court has issued an order on 8th April 2024 directing the following:
- The Hon’ble Supreme Court condoned the delay
- The issue of notice shall be returnable on 6th May 2024
- To call in serving with liberty the Central Agency
- Ms. Aishwarya Bhati, the Additional Solicitor General was called upon to assist in this case as Amicus Curiae.
With the above directions, the case is set for future proceedings. Among increasing voices for LBGTQ, this particular case as also drawn the attention looking forward for progressive judgment.
Reference :
Mr. Gopi Shankar M v. Union of India Diary No. 4315 of 2024
Name : GOPIKA PR, Course : Second Year of B.A.,L.L.B, The Central Law College, Intern from Legal Vidhiya.
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