NEW DELHI: A two-judge Bench of the apex court, headed by Chief Justice Surya Kant on Tuesday referred a plea filed by intersex rights activist Gopi Shankar M to a larger three-judge Bench for adjudication, seeking directions for recording the births and deaths of intersex persons and for making provisions to include them in the Census.
Advocate Astha Deep appeared for the petitioner sought appropriate writs, directions or orders against the respondents, including the Centre, for making provisions for the issuance of identity cards carrying both ‘sex’ and ‘gender’ identities separately.
The plea also urged the court to direct the authorities to consider enacting a legislative mechanism to regulate medical intervention on intersex infants and children. “Pass appropriate directions to consider enactment of a legislative mechanism to regulate medical intervention with intersex infants and children. There should be an establishment of a Central/National Regulatory Commission / Centre for The Protection of Rights Of People With Diverse Sexual Orientation, Gender Identity/Expression and Sex Characteristics,” the plea said.
Shankar further sought directions to empower and rename the National Council for Transgender Persons (NCTP) constituted under the Transgender Persons Act.
Explaining the issue, the plea stated, “Intersex identity means natural differences in body parts like chromosomes, hormones, or anatomy it's about sex identity, not gender feelings. People mix it up with being transgender, but they're different. To be fair, let intersex folks join schools, jobs, adoptions, and homes just like male or female. They're often left out.”
During the hearing, Solicitor General Tushar Mehta did not oppose the plea and said, “You (judges) have seen the prayers my lord. If it can be listed before three judges bench.”
Allowing the request, the Chief Justice Kant said, “It is a very good petition. List the matter before a three-judge Bench of the apex court."