Gopi Shankar clarifies that mandatory nationwide gender difference/disorder/intersex birth registry linked to citizen registration is recommended

Gopi Shankar Madurai, SOGIESC Special Rights Monitor, National Human Rights Commission (NHRC), issued a clarification on the report titled “Focusing on the needs of gender non-conforming children: NHRC monitor” published in The Hindu Thiruvananthapuram edition on Friday and based on a press release issued by the Kerala Child Rights Commission (KSCP).

“PRO KSCPCR misattributed my views by treating Gender Nonconforming Children (GNCC) as intersex/in the Differences/Sexual Development Disorders (DSD) category. This is factually and conceptually incorrect,” said Gopi Shankar.

“I know a clear and fundamental difference between sex characteristics (intersex/DSD variation – innate biological variation in gender development) and gender identity/gender expression (which includes gender non-conforming children and transgender identities). These are different. Their conflation causes irreversible damage, stigma and political failure,” said Gopi Shankar.

Referring to the court order, Gopi Shankar said that non-consensual sex-selective or genital reconstructive surgery on intersex infants and children violates Articles 14, 19 and 21 of the Constitution. Surgery is allowed only if it is necessary to save the child’s life and only after the opinion of a multidisciplinary commission at the state level. The state, Gopi Shankar said, has been directed to issue a regulatory order within three months.

Gopi Shankar referring to the document Why Kerala Government Must Implement Kerala High Court Order on Intersex Infants and Children, Gopi Shankar said that the court-ordered committee should be expanded to a permanent State Committee on DSD/Intersex Health Management, which must include a medical geneticist as a principal member along with representatives of pediatric endocrinologists, pediatric surgeons/urologists, pediatric psychiatrists/urologists, pediatric psychiatrists/urologists.

Additional recommendations include issuing evidence-based recommendations for the management of DSD favoring thorough diagnostic evaluation (including genetics), delayed nonurgent surgery, psychosocial support, and documented multidisciplinary review. Another recommendation is the establishment of a mandatory nationwide register of DSD/intersex births linked to citizen registration.

Published – 05 Sep 2026 07:25 IST