Kerala High Court: The High Court rejected the petition for sex selective surgery of the child, said- it is a violation

Pankaj Prasad
Kerala High Court
Kerala High Court

The Kerala High Court dismissed the petition filed by the parents of a seven-year-old child seeking sex-selective surgery.

The Kerala High Court dismissed the petition filed by the parents of a seven-year-old child seeking sex-selective surgery. In their petition, the parents had sought permission for genital reconstruction surgery to raise their child as a woman or a girl. Dismissing the petition, the court said that this non-consensual surgery on a minor would violate the dignity, privacy of the child.

The court considered the concerns of the parents on the health of the child and said that necessary intervention may be done based on the recommendation of a duly constituted medical board. Justice V G Arun, in an order issued on August 7, said that interfering with a person's right to choose gender or identity would violate that person's privacy and would be affront to his/her dignity and liberty.

The single-judge bench of Justice VG Arun also called upon the government to issue an order to regulate sex selective surgeries on infants and children within three months. The bench clarified that till such order is issued, such surgeries would be performed only on the opinion of the State Level Multidisciplinary Committee that it would be necessary to save the life of the child.

The child was diagnosed with 'congenital adrenal hyperplasia' and was undergoing treatment. The doctors advised genital reconstructive surgery for the child. The child's parents were distressed that despite contacting several specialists, no doctor was willing to perform the surgery without an order from a competent court. Thereafter, he approached the court relying on the karyotype report-46XX. In which he told that he wants to raise his child as a girl.

But the Kerala High Court termed the surgery as a violation of the child's dignity and privacy and ordered that such permission could also lead to serious emotional and psychological problems. What would happen if a child is attracted to a gender other than his own when he reaches adolescence, for this the court has set up a medical board, based on whose report the further decision will be decided.