XXXXX Vs. HEALTH SECRETARY

JUDGEMENT

(1.) The distraught parents of a child born with ambiguous genitalia are before this Court, seeking permission to conduct a genital reconstructive surgery for raising the child as a female. Their prayer is founded on the Karyotype Report-46XX, which is indicative of the child being a female. The child is 7 years old and has a uterus, ovaries and an over sized clitoris. The urinal and vaginal opening are one and the same and a short common channel from the opening splits and travels separately to the uterus and urinary bladder. This medical condition of the child is certified as 'Congenital Adrenal Hhyperplasia'. The child is undergoing treatment and the doctors have advised genital reconstructive surgery. Although petitioners approached various experts, none of the doctors are prepared to conduct the surgery without orders from the competent court. Hence, the writ petition seeking the following reliefs;

(2.) Adv.T.P.Sajid appearing for the petitioners contended that surgery is imperative as the child has started noticing the distinctive features. The possible social ostracization and the medical condition of the child are also projected as reasons for granting permission. Finally, it is submitted that the parents are best suited to decide the future of the child and delaying the decision will cause undue trauma to the child and hardship to the family.

(3.) Adv.P.S.Appu, the learned Government Pleader submitted that the medical board that had examined the child based on the direction of this Court had suggested the constitution of State Level Multidisciplinary Committees which are competent to take such a studied and legally sound decision in situations like the present.