Supreme Court to Hear Plea on Including Intersex Births and Deaths in Census

The Supreme Court has agreed to hear a public interest litigation (PIL) that seeks inclusion of intersex births and deaths in India’s official census records. The matter will now be heard by a three-judge Bench.

The decision was taken by a Bench led by Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi. While hearing the matter, Solicitor General Tushar Mehta pointed out that the nature of the reliefs sought required consideration by a larger Bench. Agreeing with this, the Chief Justice described the plea as a “very good petition” and directed that it be listed before a three-judge Bench.

The PIL has been filed by Gopi Shankar M, an intersex activist and former South Regional Representative of the National Council for Transgender Persons. The petition highlights that the Registration of Births and Deaths Act, 1969 does not have any specific provision to record the birth or death of intersex persons.

According to the plea, the existing registration forms use the term “gender” instead of “sex” and provide only limited options. In most cases, the options mentioned are “Male”, “Female”, and “Transgender”, which do not recognise intersex characteristics.

The petition argues that identifying intersex persons under the “third gender” category sends a discriminatory message and wrongly groups them into a separate class. It also states that the policy needs of intersex persons are different from those of other gender identities.

Another concern raised is the interchangeable use of the terms “sex” and “gender” in laws and government policies. The petitioner has requested separate recognition of both sex and gender, including the issuance of identity documents that clearly mention both.

Due to the lack of proper data and legal recognition, intersex persons face serious challenges in education, healthcare, and employment. The plea points out that school and college admission forms often force children to choose between male and female categories, leaving no space for intersex identities.

The petitioner has urged the Union government and relevant ministries to address these gaps in law and policy, especially in civil registration, population data, identity documents, and healthcare systems.