Kerala: Couple not given permission for genital reconstruction of child

A couple in Kerala had filed a writ petition in court seeking permission for the genital reconstruction of their 7-year-old child after being asked to produce a court order by medical practitioners who had recommended the surgery. 

The child was diagnosed with ‘Congenital Adrenal Hyperplasia’. This disorder has an effect on adrenal glands. This leads to the development of atypical genitalia. The couple stated in the court that the child had developed a uterus, ovaries and an oversized clitoris. They therefore intended to raise the child as a girl. The parents feared that the child may not get social acceptance in the future. They argued that they had the best interest of the child in mind and should be granted the decision making power as they possess the foresight for this. 

The court however disposed of the petition. They said that surgery without consent would be an infringement of rights, even in the case of minors. They stated that this would amount to a violation of dignity and privacy. Rights of children are covered by Articles 14, 19 and 21 of the constitution.

The child’s Karyotype also suggested that the child may exhibit growth patterns corresponding to males during adolescence. The court said that in such circumstances, surgery without consent might lead to severe psychological distress.