The Supreme Court of India has agreed to consider a public interest litigation (PIL) raising issues concerning how intersex persons are legally recognised in civil registration systems and the national Census, and has directed that the matter be placed before a three-judge Bench for detailed consideration.
The PIL points to a gap in the existing legal and administrative framework under the Registration of Births and Deaths Act, 1969 and Census records, which presently do not contain specific provisions for recording the births and deaths of intersex persons. As a result, official demographic data and identity records do not distinctly capture intersex persons, leading to their absence in population statistics and policy planning.
During the hearing, the Chief Justice of India described the petition as a “very good petition” and accepted the suggestion that the matter be referred to a larger Bench, given the constitutional and policy questions involved. The case will now be listed for a fuller hearing before the three-judge Bench.
The PIL also seeks statutory recognition of intersex births and deaths in civil records and Census processes, and raises concerns about existing identity documentation frameworks where sex and gender are conflated or limited to binary classifications. It is argued that this lack of recognition has downstream effects on access to entitlements, planning, and anti-discrimination measures.
No substantive judgment or directions have been issued at this stage. The Supreme Court’s order is procedural, signalling that the issues raised warrant constitutional examination, without expressing any view on merits. The outcome of the proceedings may inform future legislative or policy measures, depending on the Court’s eventual findings.
Written by Adv. Aiswarya Krishnan
