Delhi HC to Delhi Govt. Eight weeks to take a decision on the recommendations of the DCPCR

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D.D: 27-07-2022

The Delhi High Court has given the Delhi government eight weeks to decide on the recommendations of the Delhi Commission for the Protection of Child Rights (DCPCR) to ban sex-selective surgeries on intersex infants and children except in life-threatening situations [Srishti Madurai Educational Research Foundation v. Govt. NCT of Delhi and Others].

Children born with both male and female sex organs are referred to as intersex infants.

An NGO, Srishti Madurai Educational Research Foundation, filed a public interest litigation (PIL) petition. A division bench composed of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued the directives while dismissing the petition.

The petitioner requested that the Court issue guidelines specifying the conditions under which intersex infants and children may undergo medical surgery.

The DCPCR reportedly submitted a comprehensive report to the Delhi government on the matter, but the government has yet to make a decision.

The State of Delhi’s attorney requested more time to make the appropriate decision.

The judge gave the State eight weeks to respond and then ruled on the plea.

“The learned counsel for the Government of NCT of Delhi (GNCTD) makes a very reasonable argument that GNCTD should be given time to make an appropriate decision regarding the Delhi Commission for the Protection of Child Rights’ recommendations” (DCPCR). Accordingly, he requests and is granted eight weeks to make a decision on the recommendations made by DCPCR,” the Court stated in its order.

SRISHTI MADURAI EDUCATIONAL RESEARCH FOUNDATION

VERSUS

GOVT. OF NCT OF DELHI & ORS.

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