T.N. bans sex reassignment surgeries in children
28/08/2019
As a result, children are subjected to medically unnecessary and often irreversible interventions that may have lifelong consequences .
Empathising with such children, Justice Swaminathan had pointed out that a World Health Organisation report titled ‘Sexual Health, Human Rights and the Law’ called for deferment of intersex genital mutilation until the intersex persons were old enough to make decisions for themselves. He made the observations in his much-celebrated decision upholding the legality of a marriage between a Hindu man and a transwoman professing the same faith. He had also said that the consent of the parent for sex reassignment surgery cannot be considered as the consent of the child and referred to a judgment by Justice K. Chandru (since retired), where it was observed that “neither the father nor the mother can claim suzerainty over the child and, in the ultimate analysis, the children are not the children of their parents.” Justice Swaminathan stressed the need for the government to launch an awareness campaign to encourage parents to feel that birth of an intersex child was not a matter of embarrassment or shame. “Any intersex child is entitled to and must stay within the folds of its family. The running away from the family to the margins and beyond is a fatal journey that must be arrested.”
28/08/2019
As a result, children are subjected to medically unnecessary and often irreversible interventions that may have lifelong consequences .
Empathising with such children, Justice Swaminathan had pointed out that a World Health Organisation report titled ‘Sexual Health, Human Rights and the Law’ called for deferment of intersex genital mutilation until the intersex persons were old enough to make decisions for themselves. He made the observations in his much-celebrated decision upholding the legality of a marriage between a Hindu man and a transwoman professing the same faith. He had also said that the consent of the parent for sex reassignment surgery cannot be considered as the consent of the child and referred to a judgment by Justice K. Chandru (since retired), where it was observed that “neither the father nor the mother can claim suzerainty over the child and, in the ultimate analysis, the children are not the children of their parents.” Justice Swaminathan stressed the need for the government to launch an awareness campaign to encourage parents to feel that birth of an intersex child was not a matter of embarrassment or shame. “Any intersex child is entitled to and must stay within the folds of its family. The running away from the family to the margins and beyond is a fatal journey that must be arrested.”
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