- Tamil Nadu has become the first state in the country to ban sex reassignment surgeries on intersex infants and children.
- The government order comes after the Madras High Court’s direction to the Department of Health and Family Welfare in April to issue an order “enshrining the mandate of the Supreme Court”.
- In its directive the state government has also said that intersex surgeries will only be allowed in cases of life threatening situations, which will be decided after the recommendations of a committee formed by the Directorate of Medical Education (DME). This panel shall comprise of a pediatric surgeon or urologist, an endocrinologist, a social worker or intersex activist and a government representative.
Background
- A couple had moved the court in April 2019 after the registration authorities failed to recognise their marriage and cited that a transwoman cannot be a bride according to the Hindu Marriages Act. While hearing this case, the court directed the state government to ban sex reassignment surgeries on intersex infants.
What is Intersex?
- According to the Intersex Society of North America, “Intersex” is a general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male.
- For example, a person might be born appearing to be female on the outside, but having mostly male-typical anatomy on the inside. Or a person may be born with genitals that seem to be in-between the usual male and female types—for example, a girl may be born with a noticeably large clitoris, or lacking a vaginal opening, or a boy may be born with a notably small penis, or with a scrotum that is divided so that it has formed more like labia. Or a person may be born with mosaic genetics, so that some of her cells have XX chromosomes and some of them have XY.As per the State Government notification, the term ‘intersex’ refers to people born with physical and biological sex characteristics that are more diverse than stereotypical definitions of male or female bodies.
