The Supreme Court of India has taken cognizance of a Public Interest Litigation (PIL) petition aimed at safeguarding the rights of intersex children in the country. The bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra has issued a notice to the Central government, highlighting the urgency and importance of addressing the concerns raised in the petition.

The PIL, filed by activist Gopi Shankar M, sheds light on the challenges faced by intersex individuals, who are born with a combination of male and female biological traits that do not conform to traditional binary notions of gender. 

One of the key issues raised in the petition is the lack of regulation surrounding sex-change surgeries for intersex children in India. The petitioner emphasizes that such unregulated medical interventions would be considered punishable offenses in many other jurisdictions with more stringent legal frameworks.

Central to the PIL is the argument that intersex children are often subjected to invasive and irreversible procedures without proper safeguards or considerations for their long-term well-being. This raises serious ethical and legal questions regarding medical practices and the protection of fundamental rights, particularly the right to bodily autonomy and integrity.

The Supreme Court's decision to seek assistance from Additional Solicitor General (ASG) Aishwarya Bhati underscores the complexity and gravity of the issues at hand. The involvement of senior legal authorities reflects a commitment to thoroughly examine the legal and constitutional dimensions of the case and to ensure that the rights of intersex individuals are upheld in accordance with international human rights standards.

Furthermore, the PIL highlights another crucial aspect of discrimination faced by intersex individuals in India - the lack of recognition in electoral processes. By pointing out that intersex individuals are not recognized as voters, the petition draws attention to broader systemic challenges related to legal recognition, identity, and participation in democratic processes.

Case: Gopi Shankar M vs. Union of India.