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Sex-Affirmative Surgery Without Consent Would Violate Child's Dignity: Court
NDTV
The Kerala High Court said that the right of a human being to choose his/her sex or gender identity - which is one of the most basic aspects of self-determination, dignity and freedom - has to be recognised.
Non-consensual sex affirmative surgery on a minor would violate the child's dignity and privacy, the Kerala High Court has held while dismissing a petition filed by the parents of a seven-year-old with ambiguous genitalia seeking permission for a genital reconstructive surgery to raise their child as female.
Justice V G Arun, in an order issued on August 7, said that intervention with an individual's right to choose sex or identity will definitely be an intrusion into that person's privacy and an affront to his/her dignity and freedom.
The court, however, considering the parents' concerns over the health of the child, said necessary interventions can be made based on the recommendation by a "duly constituted medical board".