Tamil Nadu becomes 1st state to ban sex reassignment surgeries for intersex infants, children

Mangalore Today News Network

Chennai, Aug 29, 2019 : The Tamil Nadu government has banned sex reassignment surgeries for intersex infants and children, in a move which is being seen as progressive. The development comes after Madras High Court’s direction to the department of health family and welfare in April to issue an order ‘enshrining the mandate of the Supreme Court’, News18 reported.

 

The order, however, mentioned that the reassignment surgeries will be allowed in cases of life-threatening situations, which will be decided after the recommendations of a committee comprising of a paediatric surgeon/urologist, an endocrinologist, a social worker and a government representative not below the rank of Under Secretary. The committee will be constituted by the Director of Medical Education.

In its justification for the ban on reassignment surgeries, the government said, “The term ‘intersex’ refers to people born with physical and biological sex characteristics that are more diverse than stereotypical definitions of male or female bodies.” It further said with around 40 different recognized types of intersex variations, there is a huge diversity among intersex people to be acknowledged. “Intersex variation can be picked up at any time during life. It is not something that is obvious from birth,” the order said.

A couple had moved the court in April this year after the registration authorities failed to recognise their marriage and cited that a transwoman cannot be a bride according to the Hindu Marriages Act. While hearing this case, the court directed the Tamil Nadu government to ban sex reassignment surgeries on intersex infants.

The government also quoted a World Health Organisation report which terms such “sex normalising procedures” as medically unnecessary and often irreversible.