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18 Jul 2026POLITY3 questions

Born Different, Classified Together: The Supreme Court Examines Intersex Recognition

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Article summary

The Supreme Court has issued notice on a public interest petition seeking recognition of intersex persons as a distinct class, arraying the Union of India and several ministries as respondents. Intersex persons are born with congenital variations in sex characteristics, clinically described as Differences of Sex Development, and the petition argues that the existing framework — principally the Transgender Persons (Protection of Rights) Act, 2019 — fails to distinguish them from persons whose gender identity differs from the sex assigned at birth. The plea seeks a ban on medically unnecessary genital surgeries performed on intersex infants, together with identity documentation and affirmative action. It invokes Article 21 and Article 39(f), and expressly seeks recognition without diluting rights already secured for transgender persons. In December 2025 a related petition on protection for intersex minors was referred to a three-judge bench.

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recallTests whether you read the article and retained key facts.
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applicationTests whether you can apply the concept to a new scenario.
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analysisTests whether you can reason across multiple related facts.
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Sample questions — answers revealed after test

POLITYRecallEasy

Q1. With reference to Article 39(f) of the Constitution, which one of the following statements is correct?

AIt is a Fundamental Right guaranteeing every child protection from exploitation, enforceable directly under Article 32.
BIt prohibits the employment of children below fourteen years in factories, mines and hazardous occupations.
CIt was inserted by the 86th Amendment and provides for free and compulsory education for children aged six to fourteen.
DIt is a Directive Principle requiring that children be given opportunities and facilities to develop in conditions of freedom and dignity, and is non-justiciable under Article 37.
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POLITYApplicationMedium

Q2. A petition seeks to defer medically non-urgent surgery on infants until the person can decide for themselves. Which one of the following best states the constitutional difficulty such a procedure presents?

AIt is performed on a patient incapable of consenting, is irreversible, affects identity permanently, and could be deferred — so the question is whether parental consent can validly substitute for the individual's own where deferral carries no medical cost.
BAll surgery on minors is constitutionally impermissible without the minor's own consent.
CThe difficulty is that hospitals performing such surgery are not registered under the Transgender Persons (Protection of Rights) Act, 2019.
DParental consent is never recognised in Indian law as a valid basis for medical treatment of a child.
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POLITYAnalysisHard

Q3. Consider the following statements: 1. The Supreme Court has issued notice on the petition, which arrays the Union of India and several ministries as respondents. 2. The petition seeks recognition of intersex persons as a distinct class expressly without diluting rights already recognised for transgender persons. 3. The Court has already granted the relief sought, prohibiting medically unnecessary genital surgeries on intersex children nationwide. Which of the statements given above are correct?

A1 only
B2 and 3 only
C1 and 2 only
D1, 2 and 3
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