Kerala High Court upholds child’s rights in landmark case of sex-selective surgery

New Delhi: The Kerala High Court has delivered a landmark verdict emphasizing the imperative protection of a child’s dignity and privacy, ruling that any non-consensual sex-selective surgery on a minor is tantamount to a violation of their rights. The court’s decision came as it dismissed a plea from the parents of a seven-year-old child with ambiguous genitalia seeking permission for a genital reconstructive procedure to raise their child as a female.

In a strongly worded order issued on Monday, Justice V G Arun unequivocally stated, “Granting such permission may result 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 surgical intervention.” He further highlighted that allowing the procedure would infringe on the child’s rights enshrined under articles 14, 19, and 21 of the Indian Constitution.

Justice Arun’s ruling has far-reaching implications. The court directed the state government to establish a state-level multi-disciplinary committee comprising experts from various fields, including pediatrics, endocrinology, surgery, and child psychology, to assess requests for sex-selective surgeries on intersex children. The mandate of this committee is to make informed and considered decisions in such cases, prioritizing the child’s best interests.

The court has also urged the government to expedite the formulation of regulations governing sex-selective surgeries on infants and older children. Pending the establishment of these regulations, the court has mandated that all such surgeries should be carried out solely based on the recommendations provided by the state-level multidisciplinary committee.

The case revolved around a child diagnosed with congenital adrenal hyperplasia, a condition that led medical professionals to recommend surgical intervention. However, no surgeon was willing to proceed without legal authorization. The government, recognizing the complexity of the situation, had previously proposed the creation of a committee equipped to make comprehensive and legally sound decisions in such scenarios.

This precedent-setting ruling highlights the evolving legal and ethical considerations surrounding medical interventions for intersex children. It underscores the necessity of upholding a child’s fundamental rights while navigating sensitive medical procedures. The court’s directive for a multidisciplinary committee seeks to ensure informed decisions are made, safeguarding the physical and emotional well-being of the children involved.