Supreme Court refers 3-judge bench plea for provisions to include ‘intersex’ persons in Census

New Delhi: The Supreme Court on Tuesday referred to a larger bench a plea filed by intersex rights activist, Gopi Shankar, seeking directions for recording of the births and deaths of the ‘intersex’ persons; and to make provisions for their inclusion in the Census, saying "it is a very good petition".

A bench led by Chief Justice of India Surya Kant referred the plea to a three-judge bench, upon hearing 34-year-old intersex man, Shankar.

Solicitor General Tushar Mehta for the Centre did not oppose the petition. He submitted that the court has seen the petition, it can be listed before the three judges bench.

"It is a very good petition. List the matter before a three-judge bench,'' the bench said.

The plea sought directions to the Centre and others for making provisions for issuance of identity cards carrying both 'sex' and 'gender' identities separately.

It also directions to consider enactment of a legislative mechanism to regulate medical intervention with intersex infants and children.

"There should be an establishment of a Central/National Regulatory Commission / Centre for The Protection of Rights Of People With Diverse Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics," the plea said.

It further sought direction to the Centre and others to empower the National Council for Transgender Persons (NCTP).

"There should be an inclusion of Intersex people in schools, colleges, government and private jobs, adoption and care homes at par with a male or a female candidate and also consider reservation for intersex people, they are a marginalised class," the plea said.