Intersex rights in India: Difference between revisions

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			{{Use Indian English\|date=May 2017}}
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			{{Infobox intersex rights
			\| location_header = ] {{flagicon\|India}}
			\| image = India (orthographic projection).svg
			\| caption = Area controlled by India shown in dark green;<br/>claimed but uncontrolled regions shown in light green.
			\| prohibit_harmful = No
			\| reparations = No
			\| discrimination_protections = No
			\| access_identification =
			\| equality_men_women =
			\| mf_identification =
			\| third_identification =
			\| marriage =
			}}
			{{Intersex sidebar}}
			] people in ] face human rights violations including infanticide and neglect, with significant gaps in protection from mutilation and non-consensual cosmetic medical interventions and protection from discrimination.<ref name="thehindu7">{{cite web\|url=http://www.thehindu.com/news/cities/Madurai/%E2%80%9CInter-sex-people-are-not-transgenders%E2%80%9D/article14580243.ece\|publisher=thehindu.com\|title="Inter-sex people are not transgenders" - The Hindu\|accessdate=2017-05-19}}</ref><ref name="The Times Of India">{{cite web\|url=http://timesofindia.indiatimes.com/city/chennai/Why-intersex-folks-need-recognition/articleshow/50435961.cms\|publisher=The Times Of India\|title="Why intersex folks need recognition" - The Times Of India\|accessdate=2017-08-27}}</ref>

			==History==
			{{main\|Intersex in history}}
			] uses the word ‘Pedi’ to refer to people born with the intersex condition, but the Indigenous gender minorities in India were very clear about intersex people and referred to them as Mabedi Usili and gave a distinct identity to denote them.<ref name="Indian Women Blog">{{cite web\|url=http://www.indianwomenblog.org/read-why-gopi-shankar-calls-attention-of-arundhati-roy-to-intersex-community/\|publisher= Indian Women Blog.Org\|title=Read Why Gopi Shankar Calls Attention Of Arundhati Roy To Intersex Community\|accessdate=2017-12-01}}</ref> Also, there is less evidence that few intersex people choose to identify as trans but that’s not the identity of the entire Intersex community.<ref name=" YKA Media Pvt.Ltd.">{{cite web\|url=https://www.youthkiawaaz.com/2017/11/why-intersex-community-is-unhappy-with-arundhati-roys-new-book/\|publisher=Youth Ki Awaaz\|title=Arundhati Roy’s New Book Can Undo Decades Of Work Done By Intersex Activists\|accessdate=2017-12-01}}</ref>

			Intersex issues in India may often be perceived as ] issues. The most well-known third-gender group in India is perhaps the '']'' of ]. After interviewing and studying the ''hijra'' for many years, Serena Nanda writes in her book, ''Neither Man Nor Woman: The hijras of India'', as follows: "There is a widespread belief in India that ''hijras'' are born ]s and are taken away by the ''hijra'' community at birth or in childhood, but I found no evidence to support this belief among the ''hijras'' I met, all of whom joined the community voluntarily, often in their teens."<ref>Nanda, Serena. Neither Man Nor Woman: The hijras of India, p. xx. Canada: Wadworth Publishing Company, 1999</ref>

			== Physical integrity and bodily autonomy ==
			[[File:Protection of intersex children from harmful practices.svg\|thumb\|right\|260px\|
			{{legend\|#002255\|Legal prohibition of non-consensual ]}}
			{{legend\|#0066FF\|Regulatory suspension of non-consensual medical interventions}}]]
			{{further\|Intersex human rights\|Intersex medical interventions}}
			Intersex persons are not protected from violations to physical integrity and bodily autonomy.

			Cases of infanticide have been reported involving infants with obvious intersex conditions at birth, along with a failure to thrive by infants assigned female.<ref name="warne2008">{{Cite journal\| doi = 10.1007/s11154-008-9084-2\| issn = 1389-9155\| volume = 9\| issue = 3\| pages = 227–236\| last1 = Warne\| first1 = Garry L.\| last2 = Raza\| first2 = Jamal\| title = Disorders of sex development (DSDs), their presentation and management in different cultures\| journal = Reviews in Endocrine and Metabolic Disorders\| date = September 2008\| url = https://link.springer.com/10.1007/s11154-008-9084-2\| pmid=18633712}}</ref> Medical reports suggest that parents in India prefer to assign infants with intersex conditions as male, with ] taking place when parents can afford them.<ref name="rajendran1995">{{Cite journal\| volume = 32\| last1 = Rajendran\| first1 = R\| last2 = Hariharan\| first2 = S\| title = Profile of Intersex Children in South India\| journal = Indian Pediatrics\| date = 1995}}</ref><ref name="sharma2014">{{Cite news\| last = Sharma\| first = Radha\| title = Parents prefer male child in intersex operations in Gujarat\| work = Times of India\| date = February 5, 2014\| url = http://articles.timesofindia.indiatimes.com/2014-02-05/india/47048496_1_dr-aniruddha-shah-male-child-organs}}</ref><ref>{{Cite journal\| doi = 10.4103/2230-8210.102994\| issn = 2230-8210\| volume = 16\| issue = 6\| pages = 935\| last1 = Gupta\| first1 = Devendra\| last2 = Sharma\| first2 = Shilpa\| title = Male genitoplasty for 46 XX congenital adrenal hyperplasia patients presenting late and reared as males\| journal = Indian Journal of Endocrinology and Metabolism\|date = 2012\| url = http://www.ijem.in/text.asp?2012/16/6/935/102994}}</ref>

			In a reply to a letter from an intersex rights activist ], the ], India replied that “Any kind of invasive medical procedure including sex reassignment surgeries are done only after thorough assessment of the patient, obtaining justification for the procedure planned to be conducted with the help of appropriate diagnostic test and only after taking a written consent of the patient/guardian”.<ref>{{cite web \| url = http://www.thenewsminute.com/article/activists-say-surgical-correction-intersex-babies-birth-wrong-govt-doesnt-listen-56739 \| title = Activists say surgical 'correction' of intersex babies at birth wrong, govt doesn't listen \| first = Ragamalika \| last = Karthikeyan \| work = The News Minute \| date = February 3, 2017}}</ref>

			==Protection from discrimination==
			[[File:Inclusion of sex characteristics in anti-discrimination law.svg\|thumb\|right\|260px\|
			{{legend\|#002255\|Explicit protection from ] on grounds of ]}}
			{{legend\|#0066FF\|Explicit protection on grounds of intersex status}}
			{{legend\|#9FCFFF\|Explicit protection on grounds of intersex within attribute of sex}}]]
			{{main\|Discrimination against intersex people}}
			India does not have specific laws protecting intersex people from discrimination.

			Multiple Indian athletes have been subjected to humiliation, discrimination and loss of work and medals following sex verification.<ref name="kaira2012">{{Cite journal\| doi = 10.4103/2230-8210.102980\| issn = 2230-8210\| volume = 16\| issue = 6\| pages = 873\| last1 = Kalra\| first1 = Sanjay\| last2 = Kulshreshtha\| first2 = Bindu\| last3 = Unnikrishnan\| first3 = Ambika Gopalakrishnan\| title = We care for intersex: For Pinky, for Santhi, and for Anamika\| journal = Indian Journal of Endocrinology and Metabolism\|date = 2012\| url = http://www.ijem.in/text.asp?2012/16/6/873/102980}}</ref> Middle-distance runner ], who won the silver medal in ] at the ] in ], ], was stripped of her medal<ref>{{cite news\| url=http://www.iht.com/articles/ap/2006/12/18/asia/AS_SPT_ATH_India_Medalist_Challenged.php\| title=Indian silver medalist female runner at Asian Games fails gender test\| date=18 December 2006\|publisher=International Herald Tribune}}</ref> and later attempted suicide.<ref>{{cite web\|url=http://sports.espn.go.com/oly/trackandfield/news/story?id=2701018 \|title=Indian runner fails gender test, loses medal \|website=Sports.espn.go.com \|date=2006-12-18 \|accessdate=2016-08-02}}</ref><ref>{{cite news\| url=http://www.telegraphindia.com/1061218/asp/sports/story_7153292.asp \| location=Calcutta, India \| work=The Telegraph \| title=Shanti fails Doha gender test \| date=18 December 2006}}</ref> Track athlete ] was accused by a female roommate of rape and later charged, gender tested and declared male, though she and other medical experts dispute these claims.<ref>{{cite web\|url=http://articles.timesofindia.indiatimes.com/2012-11-14/athletics/35111300_1_pinki-pramanik-medical-experts-medical-report\|title=Medical experts doubt Pinki Pramanik can rape\|publisher=]\|date=14 November 2012\|accessdate=15 November 2012}}</ref> Such testing is controversial: Indian athlete ] won a case against the ] in 2015, enabling women athletes with high testosterone levels to compete as women, on the basis that there is no clear evidence of performance benefits.<ref name="cas2015">{{cite web\| publisher = ]\| last = Court of Arbitration for Sport\| title = CAS 2014/A/3759 Dutee Chand v. Athletics Federation of India (AFI) & The International Association of Athletics Federations (IAAF)\| date = July 2015 \| url = http://www.tas-cas.org/fileadmin/user_upload/award_internet.pdf}}</ref> In 2016, sports clinicians Genel, Simpson and de la Chapelle stated, "One of the fundamental recommendations published almost 25 years ago ... that athletes born with a disorder of sex development and raised as females be allowed to compete as women remains appropriate".<ref>{{Cite journal\| doi = 10.1001/jama.2016.11850\| issn = 0098-7484\| last1 = Genel M\| last2 = Simpson J\| last3 = de la Chapelle A\| title = The olympic games and athletic sex assignment\| journal = JAMA\| date = August 4, 2016\| url = https://dx.doi.org/10.1001/jama.2016.11850\| volume=316\| page=1359}}</ref>

			==Identification documents==
			{{main\|Legal recognition of intersex people}}
			For people who need to change gender, the case of '']'' allows this by self determination.<ref name="Lawyers Collective">{{cite web \| url = http://www.lawyerscollective.org/updates/supreme-court-recognises-the-right-to-determine-and-express-ones-gender-grants-legal-status-to-third-gender.html \| title = Supreme Court recognises the right to determine and express one’s gender; grants legal status to ‘third gender’ \| last = Lawyers Collective}}</ref> Actions in 2015 by gender rights organization Srishti Madurai seek to include intersex people in legislation on gender recognition for transgender people.<ref>{{cite web \| url = http://www.pinknews.co.uk/2015/08/29/india-urged-to-include-intersex-people-in-bill-protecting-trans-rights/ \| title = India urged to include intersex people in bill protecting trans rights \| first = Joseph Patrick \| last = McCormick \| date = August 29, 2015 \| work = ]}}</ref>

			==Rights advocacy==
			] was one of the youngest<ref>{{cite web\|url=http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/intersex-person-to-contest-from-madurai-north/article8539185.ece\|title=Intersex person to contest from Madurai North\|date=30 April 2016\|publisher=\|via=The Hindu}}</ref> candidates, and the first openly ] and ] candidate to contest an election, in the ].<ref>{{cite web\|url=http://timesofindia.indiatimes.com/elections-2016/tamil-nadu-elections-2016/news/3rd-gender-gets-a-new-champion-in-Tamil-Nadu-poll-ring/articleshow/51935940.cms\|title=3rd gender gets a new champion in Tamil Nadu poll ring – Times of India\|publisher=}}</ref><ref name="bodahub">{{cite web\|url=http://www.bodahub.com/third-gender-genderqueer/\|publisher=bodahub.com\|title=Meet and Understand The First Genderqueer Candidate in Indian Politics\|accessdate=2017-05-12}}</ref><ref>{{cite web\|url=http://timesofindia.indiatimes.com/city/chennai/Intersex-candidate-alleges-harassment/articleshow/52197962.cms\|title=Intersex candidate alleges harassment – Times of India\|publisher=}}</ref><ref>{{cite web\|url=http://www.thenewsminute.com/article/intersex-person-contesting-tn-polls-ze-wants-change-your-mind-sexual-minorities-42103\|title=This intersex person is contesting TN polls, 'ze' wants to change your mind on sexual minorities - The News Minute\|date=24 April 2016\|publisher=}}</ref>

			==See also==
			* ]
			* ]
		⚫	* ]
			* ]

			==References==
			{{Reflist\|30em}}

			==Bibliography==
			* {{Cite book\| authorlink = Asia Pacific Forum\| isbn = 978-0-9942513-7-4\| last = Asia Pacific Forum of National Human Rights Institutions\| title = Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics\| date = June 2016\| url = http://www.asiapacificforum.net/resources/manual-sogi-and-sex-charactersitics/}}

			{{Intersex}}
			{{India topics}}

			{{DEFAULTSORT:Intersex rights In India}}
			]
			]
			]
			]

Revision as of 05:50, 19 December 2017

Intersex rights in India
Area controlled by India shown in dark green; claimed but uncontrolled regions shown in light green.
Protection of physical integrity and bodily autonomy	No
Protection from discrimination	No
Rights by country Argentina Australia Canada Chile China Colombia France Germany Kenya Malta Mexico Nepal New Zealand South Africa Spain Switzerland Taiwan Uganda United Kingdom United States

Intersex topics

Human rights and legal issues Compulsory sterilization Discrimination Human rights reports Legal recognition Malta declaration Medical interventions Sex assignment Sex characteristics (legal term) Yogyakarta Principles
Healthcare and biology Disorders of sex development Genetic diagnosis Definitions Healthcare Medical interventions history Orchidometer Phall-O-Meter Prader scale Quigley scale Sexual differentiation more...
Society and culture Endosex (antonym) Civil society organizations Fictional characters‎ Films Flag Intersex and LGBT Literature People Religion Military US Researchers Sex verification in sports at the Olympic Games Television
History and events History of surgery timeline Intersex Awareness Day Intersex Day of Remembrance International Intersex Forum
Rights by country Argentina Australia Canada Chile China Colombia France Germany Kenya Malta Mexico Nepal New Zealand South Africa Spain Switzerland Taiwan Uganda United Kingdom United States
See also Hermaphrodite Children's rights Genital modification and mutilation Disability rights Gender LGBT Androgyny Anti-gender movement Non-binary Non-binary recognition Queer theory Third gender Transgender Medical ethics Rights Sex Sex differences
v t e

Intersex people in India face human rights violations including infanticide and neglect, with significant gaps in protection from mutilation and non-consensual cosmetic medical interventions and protection from discrimination.

History

Main article: Intersex in history

Sangam literature uses the word ‘Pedi’ to refer to people born with the intersex condition, but the Indigenous gender minorities in India were very clear about intersex people and referred to them as Mabedi Usili and gave a distinct identity to denote them. Also, there is less evidence that few intersex people choose to identify as trans but that’s not the identity of the entire Intersex community.

Intersex issues in India may often be perceived as third sex issues. The most well-known third-gender group in India is perhaps the hijra of northern India. After interviewing and studying the hijra for many years, Serena Nanda writes in her book, Neither Man Nor Woman: The hijras of India, as follows: "There is a widespread belief in India that hijras are born hermaphrodites and are taken away by the hijra community at birth or in childhood, but I found no evidence to support this belief among the hijras I met, all of whom joined the community voluntarily, often in their teens."

Physical integrity and bodily autonomy

Further information: Intersex human rights and Intersex medical interventions

Intersex persons are not protected from violations to physical integrity and bodily autonomy.

Cases of infanticide have been reported involving infants with obvious intersex conditions at birth, along with a failure to thrive by infants assigned female. Medical reports suggest that parents in India prefer to assign infants with intersex conditions as male, with surgical interventions taking place when parents can afford them.

In a reply to a letter from an intersex rights activist Gopi Shankar Madurai, the Ministry of Health and Family Welfare, India replied that “Any kind of invasive medical procedure including sex reassignment surgeries are done only after thorough assessment of the patient, obtaining justification for the procedure planned to be conducted with the help of appropriate diagnostic test and only after taking a written consent of the patient/guardian”.

Protection from discrimination

Main article: Discrimination against intersex people

India does not have specific laws protecting intersex people from discrimination.

Multiple Indian athletes have been subjected to humiliation, discrimination and loss of work and medals following sex verification. Middle-distance runner Santhi Soundarajan, who won the silver medal in 800 m at the 2006 Asian Games in Doha, Qatar, was stripped of her medal and later attempted suicide. Track athlete Pinki Pramanik was accused by a female roommate of rape and later charged, gender tested and declared male, though she and other medical experts dispute these claims. Such testing is controversial: Indian athlete Dutee Chand won a case against the IAAF in 2015, enabling women athletes with high testosterone levels to compete as women, on the basis that there is no clear evidence of performance benefits. In 2016, sports clinicians Genel, Simpson and de la Chapelle stated, "One of the fundamental recommendations published almost 25 years ago ... that athletes born with a disorder of sex development and raised as females be allowed to compete as women remains appropriate".

Identification documents

Main article: Legal recognition of intersex people

For people who need to change gender, the case of National Legal Services Authority v. Union of India allows this by self determination. Actions in 2015 by gender rights organization Srishti Madurai seek to include intersex people in legislation on gender recognition for transgender people.

Rights advocacy

Gopi Shankar Madurai was one of the youngest candidates, and the first openly intersex and genderqueer candidate to contest an election, in the Tamil Nadu Legislative Assembly election, 2016.

References

""Inter-sex people are not transgenders" - The Hindu". thehindu.com. Retrieved 2017-05-19.
""Why intersex folks need recognition" - The Times Of India". The Times Of India. Retrieved 2017-08-27.
"Read Why Gopi Shankar Calls Attention Of Arundhati Roy To Intersex Community". Indian Women Blog.Org. Retrieved 2017-12-01.
"Arundhati Roy's New Book Can Undo Decades Of Work Done By Intersex Activists". Youth Ki Awaaz. Retrieved 2017-12-01.
Nanda, Serena. Neither Man Nor Woman: The hijras of India, p. xx. Canada: Wadworth Publishing Company, 1999
Warne, Garry L.; Raza, Jamal (September 2008). "Disorders of sex development (DSDs), their presentation and management in different cultures". Reviews in Endocrine and Metabolic Disorders. 9 (3): 227–236. doi:10.1007/s11154-008-9084-2. ISSN 1389-9155. PMID 18633712.
Rajendran, R; Hariharan, S (1995). "Profile of Intersex Children in South India". Indian Pediatrics. 32.
Sharma, Radha (February 5, 2014). "Parents prefer male child in intersex operations in Gujarat". Times of India.
Gupta, Devendra; Sharma, Shilpa (2012). "Male genitoplasty for 46 XX congenital adrenal hyperplasia patients presenting late and reared as males". Indian Journal of Endocrinology and Metabolism. 16 (6): 935. doi:10.4103/2230-8210.102994. ISSN 2230-8210.{{cite journal}}: CS1 maint: unflagged free DOI (link)
Karthikeyan, Ragamalika (February 3, 2017). "Activists say surgical 'correction' of intersex babies at birth wrong, govt doesn't listen". The News Minute.
Kalra, Sanjay; Kulshreshtha, Bindu; Unnikrishnan, Ambika Gopalakrishnan (2012). "We care for intersex: For Pinky, for Santhi, and for Anamika". Indian Journal of Endocrinology and Metabolism. 16 (6): 873. doi:10.4103/2230-8210.102980. ISSN 2230-8210.{{cite journal}}: CS1 maint: unflagged free DOI (link)
"Indian silver medalist female runner at Asian Games fails gender test". International Herald Tribune. 18 December 2006.
"Indian runner fails gender test, loses medal". Sports.espn.go.com. 2006-12-18. Retrieved 2016-08-02.
"Shanti fails Doha gender test". The Telegraph. Calcutta, India. 18 December 2006.
"Medical experts doubt Pinki Pramanik can rape". Times of India. 14 November 2012. Retrieved 15 November 2012.
Court of Arbitration for Sport (July 2015). "CAS 2014/A/3759 Dutee Chand v. Athletics Federation of India (AFI) & The International Association of Athletics Federations (IAAF)" (PDF). Court of Arbitration for Sport.
Genel M; Simpson J; de la Chapelle A (August 4, 2016). "The olympic games and athletic sex assignment". JAMA. 316: 1359. doi:10.1001/jama.2016.11850. ISSN 0098-7484.
Lawyers Collective. "Supreme Court recognises the right to determine and express one's gender; grants legal status to 'third gender'".
McCormick, Joseph Patrick (August 29, 2015). "India urged to include intersex people in bill protecting trans rights". Pink News.
"Intersex person to contest from Madurai North". 30 April 2016 – via The Hindu.
"3rd gender gets a new champion in Tamil Nadu poll ring – Times of India".
"Meet and Understand The First Genderqueer Candidate in Indian Politics". bodahub.com. Retrieved 2017-05-12.
"Intersex candidate alleges harassment – Times of India".
"This intersex person is contesting TN polls, 'ze' wants to change your mind on sexual minorities - The News Minute". 24 April 2016.

Bibliography

Asia Pacific Forum of National Human Rights Institutions (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics. ISBN 978-0-9942513-7-4.

v t e Intersex
Human rights and legal issues	Compulsory sterilization Discrimination Human rights reports Legal recognition Malta declaration Medical interventions Sex assignment Sex characteristics (legal term) Yogyakarta Principles
Healthcare and biology	Disorders of sex development Genetic diagnosis Hermaphrodite Medical interventions history Orchidometer Phall-O-Meter Prader scale Quigley scale Sexual differentiation
Society and culture	Endosex (antonym) Civil society organizations Fictional characters‎ Films Gender system Guevedoce Flag Intersex and LGBT Literature Military service People Religion Ancient Greek religion Aphroditus Hermaphroditus Judaism Androgynos Tumtum Researchers Sex verification in sports Television
History and events	History of surgery timeline Intersex Awareness Day Intersex Day of Remembrance International Intersex Forum
Rights by country	Argentina Australia Canada Chile China Colombia France Germany Kenya Malta Mexico Nepal New Zealand South Africa Spain Switzerland Taiwan Uganda United Kingdom United States military
See also	Children's rights Disability rights Gender LGBT Androgyny Non-binary gender Non-binary recognition Queer theory Third gender Transgender Sex differences in humans
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Revision as of 05:50, 19 December 2017

History

Physical integrity and bodily autonomy

Protection from discrimination

Identification documents

Rights advocacy

See also

References

Bibliography