KOCHI: The Kerala High Court on Tuesday directed the state government to issue an order within three months regulating sex-selective surgeries on infants and children. Until the order is issued, sex-selective surgery shall be permitted only if a State Level Multidisciplinary Committee recommends that the surgery is essential to save the life of the child/infant, said Justice V G Arun. “Performing the surgery without consent would violate the child’s dignity and privacy,” observed the court.
The court directed the government to constitute the State Level Multidisciplinary Committee consisting of experts, including a paediatrician/ paediatric endocrinologist, paediatric surgeon and child psychiatrist/ child psychologist. The HC issued the order while disposing of a petition filed by the parents of a seven-year-old child born with ambiguous genitalia, seeking permission to conduct a genital reconstructive surgery for raising the child as a female. The petitioners argued that though they approached various experts, none of the doctors were prepared to conduct the surgery without orders from a competent court.
Advocate T P Sajid, appearing for the petitioners, submitted that the parents are best suited to decide the future of the child and delaying the decision will cause undue trauma to the child and hardship to the family. The court observed that granting permission for performing genital reconstructive surgery would impinge the rights guaranteed under Articles 14 (equality before the law) 19 (freedom of speech) and 21 (protection of life and liberty) of the Constitution of India.
It also results in severe emotional and psychological issues if, on attaining adolescence, the child develops orientation towards the gender, other than the one to which the child was converted through surgery, it stated.
Court asks panel to examine petitioner’s child
The court directed the committee to examine the petitioners’ child within two months and decide whether the child is facing any life-threatening situation by reason of the ambiguous genitalia. If so, nod can be granted for the surgery.
If democracy is based on recognition of individuality and dignity of man, the right of a human being to choose his/her sex or gender identity—one of the most basic aspects of self- determination, dignity and freedom— has to be recognised. Conversely, intervention with a person’s right to choose sex or identity will be an intrusion of privacy and affront to his/her dignity and freedom, the court said.