Limits of Intelligibility: A Critique of The Legal Discourse on Intersexuality in Kerala

Abstract

Intersex infants and individuals are subjected to inhuman violations, such as intrusive medical procedures and discriminating practices, all over the world. In India, it is a direct violation of the fundamental rights bestowed upon citizens. The article looks critically at the introduction of a third category, ‘intersex’/‘cannot be identified’, in birth and death registrations in Kerala. By locating the discourse within larger global discourses on intersexuality in general, and around gender minorities and sex minorities in India in particular, it argues that the legal recognition of intersexuality through the introduction of the third category but without other structural changes is a superficial attempt at fulfilling the imperatives of inclusion and recognition of intersex individuals as citizens with fundamental rights. A holistic approach that considers the legal, sociocultural and economic dimensions is required for the well-being of intersex infants and individuals.