Intersex movement in India reaches another major milestone

Intersex Asia welcomes the recent milestone in the intersex human rights movement in India. The intersex movement in India starts 2021 expectantly with another Indian state likely to have legal protection mechanism for intersex children against unnecessary ‘normalising’ surgeries. On 12th January, the Delhi Commission for Protection for Child Rights (DCPCR) recommended that the Government of Delhi institute a ban on the practice of medically unnecessary sex selective surgeries on intersex infants. It is pertinent to mention here that in 2019, the state of Tamil Nadu became the first state in India to mandate legal protection for intersex children.

In October 2019, members of Association of Transgender Health in India (ATHI) and Doctors with Disabilities: Agents of Change (DwDAoC) wrote a letter to the Chief Minister and Health Minister of Delhi Government highlighting the need for having a similar ban on such surgeries in the state of Delhi. Since there was no action/acknowledgement from the government, they submitted a petition to DCPCR in August 2020.

DCPCR took immediate cognizance of the petition and on September 28, 2020, it constituted an expert committee comprising members of ATHI and DwDAoC- Dr. Satendra Singh, Air Cmde (Dr.) Sanjay Sharma and Dr. Aqsa Shaikh, Gopi Shankar Madurai and Anjali Gopalan. The Commission also sent a notice to the Delhi Medical Council and two departments of Delhi government- Health and Family Welfare Department and Social Welfare.

The members of the expert committee made detailed submissions before the DCPCR recommending a ban on surgeries. Intersex Asia Coordinator Prashant Singh also assisted Ms. Anjali Gopalan in preparation of submissions before the Commission. It is encouraging to note that Delhi Medical Council also came in support of the petition and said the following in its response:

“[Delhi Medical Council] agrees with the complainants that Differences of Sex Developments/Intersex (DSD) issues are [a] human rights issue as it pertains to bodily integrity and autonomy,” and “[s]urgical interventions and gender-related medical interventions for DSD that are not deemed medically necessary should be delayed until the patient can provide meaningful informed consent.”

The foremost challenge with respect to intersex human rights is ensuring protection of health needs of intersex infants and children. The allyship of medical professionals is, therefore, extremely crucial. We hope that more and more medical professionals in India follow the example set by Delhi Medical Council and support the rights of intersex children.

We are hopeful that the Delhi Government acts on the recommendation made by DCPCR in a timely manner and also engages with members of the intersex community in India while coming up with a regulatory framework to ban the surgeries.

Intersex Asia commends Dr. Satendra Singh, Air Cmde (Dr.) Sanjay Sharma and Dr. Aqsa Shaikh for their initiative in highlighting the cause of intersex rights and drawing the attention of the Commission towards this issue. We also congratulate the Chairperson of DCPCR- Mr. Anurag Kundu for taking up this petition, conducting a comprehensive consultation process with the community members and being a strong voice for intersex human rights.

We are also especially thankful to Gopi Shankar Madurai and Anjali Gopalan for their continuous efforts in advocating for stronger legal protection of intersex children against unnecessary medical interventions. Intersex Asia is committed to support intersex people in India as they continue the struggle against forced medical procedures, discrimination, stigmatization and human rights violations.

Full text of the recommendations can be read here.