Assessing the medico-legal predicaments of intersex people in India and the indifference of The Transgender Act, 2019

  • Gauthaman V
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  • Gauthaman V

    Student at Institute of Law, Nirma University, India.

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Abstract

The paper seeks to assess the basic policy challenges that needs to be tackled in India with regard to intersex people and point out how the existing legal framework, which is The Transgender persons (protection of rights) Act, 2019 problematizes as well as invisibilizes intersex community by positioning them under the ambit of a "Trans person". Despite sharing some common concerns, the issues both the communities face are distinct. This policy gap should be addressed. I discuss the landmark Tamil Nadu High Court judgement which has banned sex-reassignment surgeries in the state and explore how the key stakeholders such as medical force as well as parents make decisions about the gender assignment of an intersex kid and situate those decisions within the broader socio-cultural context of India. I argue that there is an imminent need to acknowledge intersex persons legally as well as create overall awareness in the society about the gender spectrum. The paper strongly argues against gender reassignment surgery which is done without the consent of intersex people, and emphasise the necessity for evolving treatment protocols. This practice is particularly problematic as it essentially re-negotiates and re-draws our fundamental right of privacy. At this particular juncture, where the LGBTQI+ movement is gaining a lot of traction and various different countries like Malta, Australia, Sweden and others have been framing laws to accommodate intersex persons, it is high time that the Indian state intervene and make the world a more humane place for intersex people. In the end, I propose some suggestions for making effective policy change for meaningful legal recognition of intersex persons.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 590 - 598

DOI: https://doij.org/10.10000/IJLMH.112274

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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