By Paridhi Jain

The Supreme Court of India has taken notice of a significant issue concerning the rights of intersex children, as highlighted in a public interest litigation (PIL) petition filed by Gopi Shankar M against the Union of India. Intersex individuals are those born with biological characteristics that do not fit typical definitions of male or female. This condition challenges binary notions of gender and requires sensitive consideration and protection of rights. The bench, consisting of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has directed the Central government to respond to the PIL. Additionally, they have sought assistance from Additional Solicitor General (ASG) Aishwarya Bhati in addressing the matter. The petition underscores the lack of regulation surrounding sex-change surgeries performed on intersex children in India. These medical interventions are often conducted without proper oversight and can have severe consequences. In many other jurisdictions, such surgeries could be considered punishable offenses, highlighting the need for stricter regulations to protect intersex individuals from unnecessary medical procedures. Moreover, the plea brings attention to the fact that intersex individuals are not recognized as voters in India. This lack of recognition denies them a fundamental right and further marginalizes their status within society.

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