Archive · 18 Dec 2025
Supreme Court Reviews Intersex Rights in India
The Supreme Court of India is looking into the rights of intersex people.
A person named Gopi Shankar M filed a request asking the court to recognize that intersex people are different from transgender people.
Intersex people are born with body parts that are not clearly male or female.
The court is now going to have more judges look at this issue because the current laws mix up 'sex' and 'gender', which causes problems for intersex people.
The request also wants to stop doctors from doing surgeries on babies who are born with body parts that are not clearly male or female without their consent.
It also wants the government to count intersex people separately in the next census and to make sure they get the same benefits as other marginalized groups.
The Supreme Court referred a PIL filed by Gopi Shankar M to a three-judge Bench for a deeper examination of intersex rights.
The PIL highlights the distinction between 'sex' and 'gender' and the legal limbo faced by intersex persons.
Intersex people are born with sex characteristics that do not fit typical binary notions of male or female.
The PIL demands a ban on non-consensual sex-assignment surgeries on minors and the inclusion of 'intersex' as a separate category in the Census.
The Madras High Court and the Tamil Nadu government have already taken measures to ban such surgeries on intersex infants.
- Who
- Gopi Shankar M, the first openly intersex member of the National Council for Transgender Persons
- What
- Supreme Court referred a PIL to a three-judge Bench for a deeper examination of intersex rights
- When
- December 16, 2024
- Where
- India
- Why
- To address the distinction between 'sex' and 'gender' and the rights of intersex persons
- Date of PIL Reference
- December 16, 2024
- Filed by
- Gopi Shankar M
- Court
- Supreme Court of India
- Key Issue
- Distinction between 'sex' and 'gender'
- Main Demand
- Ban on non-consensual sex-assignment surgeries on minors
- Administrative Demand
- Inclusion of 'intersex' as a separate category in the Census
- Judicial Measure
- Madras High Court banned sex-selective surgeries on intersex infants in 2019
- State Measure
- Tamil Nadu government issued a ban on such surgeries in 2019