https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Intersex Rights in Focus: Supreme Court Moves to Examine Census Inclusion and Civil Registration Gaps

The Supreme Court of India agreed to hear a PIL seeking inclusion of intersex births and deaths in the Census and civil registration systems, referring the matter to a three-judge Bench, with CJI Surya Kant calling it a “very good petition.”
Union of India Incorrect Information Case
Indian Masterminds Stories

New Delhi: The Supreme Court of India on December 16, 2025 agreed to hear a public interest litigation (PIL) seeking judicial directions to include intersex births and deaths in the civil registration system and the upcoming national Census. 

A Bench led by Chief Justice of India (CJI) Surya Kant described the petition as a “very good petition” and ordered that the matter be listed before a three-judge Bench for fuller consideration. 

The case raises fundamental questions about identity documentation, legal recognition, and equality for intersex persons — a historically marginalised community — and could prompt reforms in India’s legal and statistical frameworks. 

Background of Intersex Rights

The PIL titled Gopi Shankar M v. Union of India and Ors. was filed by Gopi Shankar M, a widely known intersex rights activist and former South Regional Representative of the National Council for Transgender Persons (NCTP). 

At its core, the petition seeks recognition and legal provisions for:

  • Recording births and deaths of intersex persons under the Registration of Births and Deaths Act, 1969,
  • Inclusion of intersex persons in the Census of India,
  • Issuance of identity documents that distinguish sex and gender separately, and
  • Legal safeguards in civil and social policies that affect fundamental rights and access to services. 

Until now, India’s civil registration and Census systems have lacked explicit recognition of intersex persons — typically structured around binary classifications such as male and female, and in some instances expanded to include transgender. 

Read also: Supreme Court to Examine Plea to Outlaw Female Genital Mutilation in India, Key Step to Gender Justice

This omission, the petition argues, has significant legal and social consequences for intersex individuals who do not fit within traditional binary categories. 

Importance of Inclusion of Intersex Rights in Census and Civil Registration 

Census data and birth–death registration systems serve as the backbone of India’s demographic and policy planning. 

These records determine everything from resource allocation and healthcare access to education, employment, identity proofs, and legal entitlements.

Justice-seekers and human-rights activists, including the petitioner, argue that lack of official recognition:

  • Creates barriers to access essential services such as healthcare and education,
  • Impedes accurate demographic data on intersex populations,
  • Leads to exclusion from mainstream welfare schemes, and
  • Forces intersex persons to fit within categories that do not reflect their lived realities. 

The plea highlights how many administrative forms continue to use narrow or confusing definitions of “sex” and “gender”, often using the terms interchangeably, thereby compounding difficulties for intersex persons in official procedures. 

The Petition’s Core Arguments

Filed through Advocate-on-Record Astha Deep and Advocate Sujeet Ranjan, the PIL contends that:

  • The Registration of Births and Deaths Act, 1969 fails to recognise or provide procedures for registering intersex births and deaths. 
  • Government forms and policies list only Male, Female, and Transgender options, none of which adequately accommodate intersex identities or characteristics. 
  • Without specific provisions, intersex persons face discrimination, especially in education enrolment forms, job applications, and identity documentation. 
  • The interchangeable use of sex and gender in law and policy deepens confusion, leading to inadequate recognition and protection of intersex individuals’ rights. 

The plea further urges the apex court to direct the government to consider enacting legislation regulating medical interventions on intersex infants and children — a matter closely linked to bodily autonomy and informed consent. 

Supreme Court Hearing and Bench Referral

During the hearing, Solicitor General Tushar Mehta, representing the Union of India, did not oppose the petition and requested that it be placed before a larger Bench due to the significant constitutional and policy implications. 

Agreeing with the submission, CJI Surya Kant — along with Justice Joymalya Bagchi — said the matter raised a good issue requiring detailed examination and directed that it be listed before a three-judge Bench for further hearings. 

The specific constitution of the Bench and future hearing dates are expected to be notified by the Supreme Court registry. 

Read also: Delhi High Court Rejects PIL for Dedicated Cybercrime Courts, Cites Lack of Statutory Mandate


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
agriculture-machine-
Bihar to Set Up 267 Custom Hiring Centers, 221 Farmers Selected to Access Modern Agricultural Machinery
Election Commission of India
Election Commission Overrules Mamata Government, Orders Reinstatement of 3 IAS Officers; 19-Hour Ultimatum Issued to State Government
Bihar-Police
Bihar Rail Police to Introduce New Transfer and Posting Policy for Officers and Staff
Polytechnic College in Bagaha Bihar
Bihar Strengthens Polytechnic Institutes with IIT Patna Collaboration to Boost Training, Placement, and Skill Development
IIT Delhi Alumni Impact Report
From Civil Services to Unicorns: Over 650 IIT Delhi Alumni in Public Institutions, 270+ IAS Officers, and 2,500+ Founders – Alumni Impact Report 2026
Empowers Women
Bihar’s Dumri Panchayat Empowers Women: 80% Become Self-Reliant Through Livelihood Programs
flyover-bridge-
Bihar Govt Launches Construction of 909 Bridges Under Chief Minister Gramin Setu Scheme to Boost Rural Connectivity
ongc
ONGC-Led Joint Ventures Sign Contract with Samsung HI to Build Two Very Large Ethane Carriers
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-01-26 at 8.12
Hemming ITDC To Provide Ultimate Travel, Tourism & Hospitality Experience | IAS Mugdha Sinha Video Interview
Desh Deepak Verma IAS Video Interview
The Life & Times of an UPSC Aspirant in Allahabad
Desh Deepak Verma
The Dhaba Deal That Helped Flip The Ledger of UPSRTC 
ADVERTISEMENT
UPSC Stories
IAS Avdhija Gupta UPSC
She Cried, She Learned, She Returned: The Unbreakable UPSC Journey of IAS Avdhija Gupta
From three consecutive Prelims failures to securing AIR 43, IAS Avdhija Gupta’s UPSC CSE-2024 journey...
UPSC Logo Explained
Why the UPSC Centenary Logo Matters: A Visual Guide to 100 Years of Civil Services
The UPSC centenary logo marks 100 years of India’s civil services. Decode its symbols and trace the journey...
Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Lost Father at 17, Worked Full-Time: Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Yashwant Kumar Dewangan, a BSP diploma engineer from Korba, overcame personal and professional challenges...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
IAS Abhilasha Abhinav
IAS Abhilasha Abhinav’s Amma Rakshitha Drive Targets Zero Maternal Mortality in Nirmal
agriculture-machine-
Bihar to Set Up 267 Custom Hiring Centers, 221 Farmers Selected to Access Modern Agricultural Machinery
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-01-26 at 8.12
Desh Deepak Verma IAS Video Interview
Desh Deepak Verma
ADVERTISEMENT
ADVERTISEMENT