Supreme Court to Hear Plea on Recording Births, Deaths and Census Inclusion of Intersex Persons

The Supreme Court of India today agreed to list a petition seeking directions for the recording of births and deaths of ‘intersex’ persons and to make provisions for their inclusion in the Census. The court also noted submissions on the absence of legal mechanisms for the identification and registration of persons with intersex characteristics.

During proceedings, Solicitor General Tushar Mehta drew the attention of the Court to the prayers of the petition, requesting that the matter be listed before a three-judge bench for fuller hearing. In response, CJI Surya Kant, as per our sources, said it was a “very good petition” and directed that the plea be listed before a three-judge bench of the Supreme Court. The specific bench constitution and dates are expected to be notified by the Court registry in due course.

The plea was filed as a Public Interest Litigation (PIL) by Gopi Shankar M, through Advocate on Record Astha Deep and Advocate Sujeet Ranjan, against the Union of India and others. It seeks judicial directions to make provisions for recording births and deaths of intersex persons under the Registration of Births and Deaths Act, and for their inclusion in the Census of India. 

The petition also calls for the issuance of identity documents that mention both sex and gender separately and highlights that the lack of official recognition impedes accurate data and legal identity for intersex persons.

According to human rights definitions, intersex persons are individuals born with sex characteristics such as chromosomes, gonads, or genitals that do not fit typical binary notions of male or female bodies. 

Previously, in April 2024, a Supreme Court bench led by Chief Justice D.Y. Chandrachud had issued notice to the Centre on related issues concerning intersex rights, including census inclusion and birth registration. 

Talking about the plea, a member from the queer community, who works as an author, book reviewer and translator, under anonymity, responded to us, "This reminds me of Justice Bobde's comment on the petition challenging the unequal SA (sexual abuse) punishment prescribed in the TG Act (Transgender Act).  "This is a good petition", and since then it hasn't been listed."

Another member of the community, who is an ex-journalist and a reputed communication consultant, told us, "Sounds like our constitution. Looks good, but is still to be implemented."

The Supreme Court registry will notify the date and constitution of the three-judge bench for the hearing.