Copyright infringement not intended

Picture Courtesy: https://ihra.org.au/40090/intersex-awareness-day-2022/

Context:

Intersex Awareness Day is observed annually on October 26 to raise public awareness about intersex people.

Who are intersex people?

The Office of the United Nations High Commissioner for Human Rights defines an intersex person as someone born with "sex characteristics" such as reproductive organs, hormonal patterns, or sexual anatomy that "do not fit the common view of male or female bodies." The differences may include parts that do not match reproductive organs, or sex chromosomes that are neither XX or XY.

Intersex refers to biological sex characteristics, which are distinct from sexual orientation, gender identity, and gender expression. Intersex people, like the general population, can have any gender identity, expression, or sexual orientation. An intersex person, for example, could be straight, gay, lesbian, bisexual, or asexual, as well as identify as a man, woman, non-binary person, or other gender.

Challenges Faced by Intersex People in India

Forced surgeries

Intersex children often have to undergo forced surgeries to "correct" their sexual organs, which can result in damage, trauma, or sterilization.

Lack of legal recognition

Forms mostly provide Male/Female/Transgender options, excluding intersex individuals, which result in denial of insurance and other services.

Cultural and Social Stigmatization

While "sexless individuals," "hijra," or "third gender" are mentioned in Indian scriptures dating back to at least the 17th century, they are not entirely representative of intersex people. Each of these groups faces distinct challenges, though the term "third gender" is “used for everyone".

Why is October 26 Celebrated as Intersex Awareness Day?

October 26 is marked as Intersex Awareness Day to honor the 1996 protest by activists Morgan Holmes and Max Beck. The protest resulted in the first public demonstration of intersex people in North America. The event grew into an annual event to raise awareness and advocate for intersex rights.

Legal Journey for Intersex People in India

In 2019, the Madras High Court in Arunkumar and Anr. v/s The Inspector General of Registration and Others prohibited sex (re)assignment surgeries on intersex babies and children in Tamil Nadu. As a result, the state government issued an order prohibiting such surgeries unless the patient provided informed consent as an adult.

The term "intersex" was included in the Transgender Persons (Protection of Rights) Act, 2019. While a "person with intersex variations" is defined, no "specific protections, prohibitions, and rights were ensured to them.

In April 2024, the Supreme Court issued a notice on a PIL calling for "central legislation" to address the fact that intersex children undergo "sex-change surgeries."

The petition stated that such surgeries are performed with "the consent of parents" and that a "lack of uniform policy" contributes to such practices.
It also requested the inclusion of the "intersex option" on identity cards and in educational institutions/workplaces, as well as the inclusion of intersex people in the Census, among other things.

In 2011, Kerala became the first state to allow the "intersex" option on birth and death certificates.

Must Read Articles:

KEY SC VERDICTS ON LGBTQ+ RIGHTS

LGBTQIA+ RIGHTS

Global Gender Gap Report 2024

GENDER INCLUSION FUND

NALSA

Source:

Indian Express

UNFE

PRACTICE QUESTION

Q.Consider the following statements:

1. The Transgender Persons (Protection of Rights) Act 2019 provides for the protection of the rights of transgender persons, including the right to self-identify their gender.

2. The National Council for Transgender Persons was established by the Ministry of Women and Child Development to monitor and evaluate the welfare schemes and programs for transgender persons.

Which of the above statements is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: A

Explanation:

Statement 1 is correct:

The Transgender Persons (Protection of Rights) Act 2019 includes provisions to protect transgender people from discrimination and provide welfare programs in areas such as health, education, and employment. It includes provisions for the right to self-identify their gender and a screening process to identify transgender persons.

Statement 2 is incorrect:

The Ministry of Social Justice and Empowerment established the National Council for Transgender Persons (NCTP) in 2020 to monitor and evaluate transgender welfare programs and schemes.

INTERSEX AWARENESS DAY