Description

Interview with Dr. Surabhi Shukla on Intersex rights in India

In this bonus episode of Proud Changemakers, we sit down with Dr. Surabhi Shukla to discuss a groundbreaking case on intersex rights in India. Dr. Shukla is a legal scholar whose research examines the intersection of law, gender, and human rights.

Key Discussion Points

• The Kerala High Court Case (2023):
  Dr. Shukla breaks down the case where parents of a 7-year-old intersex child sought permission for genital reconstruction surgery. The court ruled against non-consensual surgeries, reinforcing the child’s right to self-determination.

• Legal and medical context:

  • What does it mean to be intersex?
  • The history of non-consensual surgeries on intersex infants.
  • Lack of clear legal regulation in India and the role of medical practitioners.

• The Role of the Transgender Persons (Protection of Rights) Act, 2019:

  • How an inaccurate legal definition of "transgender" unintentionally provided legal protection for intersex children.
  • The court’s reliance on this law to prevent parents from consenting to surgeries on their child’s behalf.

• Judicial and policy gaps:

  • Previous rulings in Tamil Nadu and Delhi banning these surgeries.
  • The Kerala High Court’s directive to form an expert committee but the lack of intersex representation in decision-making.

Why This Matters
Intersex rights remain under-discussed, even within broader LGBTQIA+ advocacy. This case is a milestone in legal recognition of bodily autonomy for intersex individuals, yet much work remains in India and globally.

Tune in to hear Dr. Shukla’s insights on what this case means for intersex rights, legal protections, and the fight for gender justice in India.

And read her blog on this case at: lawandsexuality.com

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If you would like to discuss this or any other topic for our podcast please contact us at hello@proudchangemakers.org