HC on Gender Reassignment Surgery on Children: Kerala High Court Observes ‘Sex Reassignment Surgery on Child Is an Invasion of Rights Enshrined in Constitution’
Kochi, August 8: The Kerala High Court has said that gender reassignment surgery on children is an invasion of rights enshrined in the Constitution and directed the Government to constitute a State-Level Multidisciplinary Committee consisting of experts to examine requests for performing such surgeries. The observations and suggestions of the High Court came while the court was hearing a petition of the parents seeking permission for the gender reassignment surgery of a four-year-old girl. HC on Rape Charges: ‘Relationship Appeared Consensual, Woman Was in Contact With Man Despite Having Knowledge of His Marriage’, Says Bombay High Court While Granting Anticipatory Bail To Rape Accused.
The court held that gender reassignment surgery on children is an invasion of the rights envisaged by the Constitution. Such surgeries without consent are a violation of children’s dignity and privacy. “The government should bring a law to regulate such surgeries,” the court said, directing that surgery should be allowed only if the child’s life is threatened. The court further observed that this can lead to emotional and psychological problems when children grow up. HC on Legal Age for Consensual Sex: High Time India Look at Other Countries To Reduce Age of Consent for Sexual Intercourse, Says Bombay High Court.
Justice VG Arun suggested that the government should bring a law within three months to regulate gender reassignment surgeries in children. At present, a state-level multidisciplinary committee shall be formed to consider such applications. The committee should include a psychologist and a paediatric surgeon, the court said. The court also said that only if the child’s life is threatened, surgery can be allowed. The court also directed the committee to take a decision on the petitioners’ application within two months.
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