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.”
Aravalli Hills Mining 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
India EU Aquaculture Trade
Big Win for India: EU Allows Continued Seafood Exports to European Market
Indian Army-Navy MoA
Explained: How the Indian Army-Navy MoA Will Strengthen India’s Security
Yantra India Limited
PESB Finds No Suitable Candidate for Yantra India CMD Post, Recommends Search-Cum-Selection Committee Route
DDA
DDA to Restore 101 Water Bodies in Delhi Under Jal Sanchay Abhiyaan by August 2026 for Ecological Revival
cm rekha
Delhi CM Rekha Gupta Distributes Appointment Letters to 109 Families and Health Cards to NDMC Workers in Welfare Drive
mou
MECON Signs MoA with MOIL to Support Vision 2030 for Boosting Manganese Production and Mining Expansion
Bhupendra Patel
Gujarat Govt Clears 80% Budget Schemes, CM Bhupendra Patel Orders Fast-Track Implementation of 2026–27 Plans
NHPC Resized
NHPC Appoints IAS Diwakar Nath Misra as Government Nominee Director on Board from May 2026
ADVERTISEMENT
ADVERTISEMENT
Videos
Rupinder Brar
Rupinder Brar Beyond the Desk: Music, Mindfulness & the Many Sides of a Civil Servant
WhatsApp Image 2026-05-05 at 6.46
Rupinder Brar: The Officer Connecting Policy, People, and India’s Key Sectors
Punjab’s Welfare Push Backed by Surging Revenues Harpal Singh Cheema
Punjab’s Welfare Push Backed by Surging Revenues
ADVERTISEMENT
UPSC Stories
Ravi Laxmipriya IFS
From 3 Interview Failures to AIR 9 in UPSC IFS 2025: The Inspiring Journey of Ravi Laxmipriya
An Inspiring Story of Patience, Persistence, and Finding the Right Direction. Facing repeated UPSC disappointments,...
WhatsApp Image 2026-05-12 at 4.23
11 Years, One Dream, All CSE Attempts Exhausted: How Indian Coast Guard Officer Anshuman Singh Secured AIR 2 in UPSC IFS 2025
After Exhausting All UPSC CSE Attempts, This Coast Guard Officer Turned Setbacks Into Strength and Secured...
Dr Washim Ur Rahman UPSC
How Dr. Wasim Ur Rahman Cleared UPSC After Years of Setbacks and 5 Interviews
Dr. Wasim Ur Rahman secured AIR 157 in UPSC CSE 2025 after five interviews, IRS selection, and years...
CSR NEWS
CCL
CCL Wins Greentech CSR India Platinum Award 2026 for Transforming 5,000 Households in Hazaribag 
CCL’s Integrated Rural Development Initiative Benefits Over 5,000 Households, Promotes Women-Led Participation,...
nlc
NLC India Donates Life Support Ambulance in Odisha Under CSR Initiative to Boost Emergency Healthcare
NLC India Limited strengthens rural healthcare support in Sambalpur as Dharmendra Pradhan flags off fully...
BCCL
BCCL Wins Two Gold Awards at Greentech CSR India Awards 2026 for Skill Development and Education
Bharat Coking Coal Limited recognised in New Delhi for impactful CSR initiatives focused on education,...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
India EU Aquaculture Trade
Big Win for India: EU Allows Continued Seafood Exports to European Market
Indian Army-Navy MoA
Explained: How the Indian Army-Navy MoA Will Strengthen India’s Security
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Rupinder Brar
WhatsApp Image 2026-05-05 at 6.46
Punjab’s Welfare Push Backed by Surging Revenues Harpal Singh Cheema
ADVERTISEMENT
ADVERTISEMENT