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In the High Court of Delhi at New Delhi Civil Original Jurisdiction Civil Writ Petition No

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In the High Court of Delhi at New Delhi Civil Original Jurisdiction Civil Writ Petition No IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION NO. OF 2021 IN THE MATTER OF A PUBLIC INTEREST LITIGATION IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation …Petitioner Versus Govt. of NCT of Delhi & Ors. ….Respondents INDEX S.NO. PARTICULARS PAGES COURT FEE 1. Notice of Motion 1 2. Urgent Application 2 3. Memo of parties 3 – 4 4. Synopsis and List of dates 5 – 11 5. Writ Petition with Affidavit 12 – 24 6. Annexure P-1 25 A true copy of Resolution. 7. Annexure P-2 26 – 54 A true copy of the landmark judgement passed by Hon’ble Madras High Court on 22.04.2019. 8. Annexure P-3 55 – 56 A true copy of the Government Order dated 28.08.2019 passed by the Govt. of Tamil Nadu. 9. Annexure P-4 57 – 60 A true copy of the order dated 13.01.2021 of the DCPCR 10. Annexure P-5 61 A true copy of the news report published by the Times of India on 04.06.2021 11. Application seeking exemption from filing 62 – 66 duly affirmed Affidavit 12. Vakalatnama 67 13. Proof of Advance Service Filed Through: Robin Raju, Yash Prakash & Deepa Joseph AdvoCates 27-B, PoCket A-3, Kalkaji Ext. New Delhi-110019 New Delhi, Date: 15/08/2021 1 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION NO. OF 2021 IN THE MATTER OF A PUBLIC INTEREST LITIGATION IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation …Petitioner Versus Govt. of NCT of Delhi& Ors. ..Respondents NOTICE OF MOTION TAKE NOTICE that the aCCompanying petition will be listed before the Court on /08/2021 at 10:30 O’clock in the forenoon, or soon thereafter as may be convenient to the Court. Filed Through: Robin Raju, Yash Prakash & Deepa Joseph 27-B, PoCket A-3 Kalkaji Ext. New Delhi-110019 New Delhi, Date: 15/08/2021 2 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION NO. OF 2021 IN THE MATTER OF PUBLIC INTEREST LITIGATION To The Deputy Registrar, High Court of Delhi, New Delhi. IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation …Petitioner Versus Govt. of NCT of Delhi & Ors. ….Respondent URGENT APPLICATION Sir, Will you be kindly treat this acCompanying appliCation as an urgent one in aCCordanCe with High Court Rules and Order. The grounds of urgenCy are as per the faCts stated in the petition. Filed Through: Robin Raju, Yash Prakash & Deepa Joseph AdvoCates 27-B, PoCket A-3, Kalkaji Ext. New Delhi-110019 New Delhi, Date: 15/08/2021 3 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION NO. OF 2021 IN THE MATTER OF PUBLIC INTEREST LITIGATION IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation …Petitioner Versus Govt. of NCT of Delhi& Ors. …..Respondent MEMO OF PARTIES IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation Through its Managing Trustee Having its Registered office at Sri Sarada Dham Plot No.2, 4/413-A,Bama Nagar, 2nd Street Ext. P and T Nagar, Madurai Tamil Nadu-625017 …Petitioner Versus 1. Govt. Of NCT of Delhi Through its Chief SeCretary Delhi SeCretariat, IP Estate, 4 New Delhi-110002 2. Ministry of Health and Family Welfare Through its SeCretary 9th Level, A-Wing, I.P. Extension Delhi SeCretariat, Delhi— 110001 3. The Delhi Commission for ProteCtion of Child Rights (DCPCR) Through its Chairperson 5th Floor,ISBT Building, Kashmere Gate, New Delhi-110006 ...Respondents Filed Through: Robin Raju Yash Prakash & Deepa Joseph 27-B, PoCket A-3, Kalkaji Ext., New Delhi-110019 5 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION NO.OF 2021 IN THE MATTER OF PUBLIC INTEREST LITIGATION IN THE MATTER OF: Srishti Madurai EduCational ResearCh Foundation …Petitioner Versus Govt. of NCT of Delhi& Ors. ….Respondents SYNOPSIS AND LIST OF DATES This Civil Writ Petition filed by the Petitioner is in the nature of Public Interest litigation for a direCtion to the Respondent no. 1 and 2 to implement the opinion of Respondent No.3 i.e. Delhi Commission for ProteCtion of Child Rights(DCPCR), Govt. of NCT of Delhi and deClare a ban on mediCally unneCessary, sex– seleCtive surgeries on intersex infants and Children exCept in cases of life – threatening situations in Delhi. ,, The Petitioner herein is a Non-Government funded Trust, having a Pan India presence today and it is represented by an Intersex person himself. The Petitioner organization was formed in 2011 by a handful of student volunteer team inspired by 6 each other in Madurai. This student’s forum for non-binary, Genderqueer & Intersex people in Madurai grew into prominenCe over the years. The organization in the last few years has played a key role to highlight the pathos of LGBTQIA Community to the high echelons of administration. The organization had initiated some path breaking Campaigns suCh as Justice for Santhi Campaign to highlight the disCrimination faCed by Female Athletes with Intersex traits. The petitioner has been at the forefront in spreading awareness about the neCessity to ban sex seleCtive surgeries on infants born with Intersex traits sinCe the year 2016. The Petitioner organization was also part of the Madrid Summit 2017 and World Pride, Madrid, Spain. The organization has also been invited to other important regional conferences on the theme of Intersex Human Rights. The instant petition also highlights the need to ban sex selective surgeries on infants born with Intersex traits. But before the petition delves into the Core issue, it is imperative to state in a brief about the Intersex People. The people with intersex traits are often wrongly identified as Transgender, hijras or third gender. Intersex people are born with reproductive or sexual anatomy that does not fit the typiCal definitions of female or male. Transgender or transsexual 7 people, on the other hand, are born with typiCal male or female anatomies but feel they are born into the wrong gender. The issue of banning mediCally unneCessary, sex seleCtive surgeries on intersex infants and Children though may not be trending news or an issue that gains prominenCe in front pages of newspapers but it is indeed an issue that exists and is prevalent in our society. The Cases of intersex human rights violations in India used to go unnotiCed in the past, but nowadays due to the strong influenCe of social media, such news are being highlighted in the publiC domain. The Hon’ble Supreme Court in National Legal ServiCes Authority(NLSA) v. Union of India &Ors (W.P(C)400 of 2012) on 15.04.2014,CategoriCally stated that no one shall be forced to undergo medical proCedures, inCluding sex reassignment surgeries, sterilization or hormonal therapy, as a requirement for legal reCognition of their gender identity. It is further pertinent to mention that the Hon’ble Madras High Court in WP(MD)No. 4125/2019 and 3220/2019, direCted the Government of Tamil Nadu to issue a Government Order enshrining the aforesaid mandate of the Hon’be Supreme Court so as to effeCtively ban sex reassignment surgeries on intersex infants and children. And pursuant to this direCtion of the Hon’ble High Court of Madras, the Government of Tamil Nadu 8 issued an Order Vide Letter G.O. (Ms.)No.355, deCided to ban sex reassignment surgeries on intersex infants and children exCept on life threatening situations and orders aCCordingly. The State of Tamil Nadu thus beCame the first in India and Asia and 2nd globally, to ban sex seleCtive surgeries on intersex infants and Children. It is pertinent to mention that Petitioner organization was entrusted the mantle to support the Government in drafting the G.O. That subsequent to the direction of the State of Tamil Nadu, Dr. Satendra Singh, Air Cmde (Dr.) Sanjay Sharma and Dr. Aqsa Shaikh submitted a plea before the Respondent No.3. In their plea they highlighted instances wherein intersex people are treated as disabled, and hence are approached through a mediCal lens, reduCing intersex people to an impairment leading to medical interventions that can lead to long term impairments and requiring lifetime medical care. It was also highlighted in the plea that most of the times these surgeries are conducted without prior free and fully informed autonomous Consent. The Respondent no.3, after appreCiating the plea, appointed Ms. Anjali Gopalan and Mx.Gopi Shankar Madurai, the founder of the petitioner organization, as its advisors to take a Considered deCision on the plea filed. The Respondent No. 3 after taking into acCount the response of the Delhi MediCal 9 CounCil, Department of Health and Family Welfare, Govt. of NCT of Delhi and Department of SoCial Welfare, Govt. of NCT of Delhi along with organisations and experts in the domain, inCluding the submissions of the afore-named 2 advisors, Came to the Considered opinion on 13.01.2021, that the Government of Delhi should deClare a ban on medically unneCessary, sex- seleCtive surgeries on intersex infants and Children exCept in cases of life threatening situations. The Petitioner organization is Constrained to move this Hon’ble Court as the Respondent no. 1 and 2 are yet to take a deCision on the issue. The petitioner organization believes that a decision can only be expected if an order similar to the Hon’ble Madras High Court is passed by this Hon’ble Court. The issue herein is of extreme signifiCanCe as it pertains to human rights and bodily integrity of a human being, and it is only if a direCtion is passed by this Hon’ble Court that an urgent deCision will be passed by the Respondent no.1 and 2.
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