17/12/2025
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The Supreme Court on Dec 16 agreed to hear a PIL seeking directions for the recording of intersex births and deaths in the upcoming census.
The petition was filed by an intersex activist and former South Regional Representative of the National Council for Transgender Persons, seeking directions for making provisions to record the births and deaths of intersex persons under the Registration of Births and Deaths Act, 1969.
“It is a very good petition,” CJI Surya Kant said during a hearing of the plea.
As per the plea, the existing forms use the term “gender” instead of “sex” and provide limited options.
“When an ‘Intersex’ person is identified as a ‘Third Gender’, the term itself gives a discriminatory message that an ‘Intersex’ person belongs to a ‘Third’ class/category of people,” it was submitted.
According to the petitioner, the policy frameworks required for an intersex person are quite different from those required for the other set of people.
The plea also highlights the impact of using the terms “sex” and “gender” interchangeably in laws and policies.
Thus, there should be provisions for issuance of identity cards carrying both ‘sex’ and ‘gender’ identities separately, it was contended.
The lack of it has resulted in intersex persons being grouped with other gender identities, causing different legal and medical issues.
Due to the lack of data, intersex persons face difficulties in education and employment, and admission forms and job applications often force children to choose between male and female categories.
As per the plea, “Most of the schools and colleges, by not providing an option other than Male or Female in the S*x column of their admission forms, in a way, are forcing a child to only opt either a Male or a Female identity.”
Thus, the petitioner also submitted that directions should be issued to the Union government and various ministries to address gaps in law and policy affecting intersex persons, particularly in civil registration, population data, identity documents and healthcare.
