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Criminal Issues Pertaining to Children and Adolescents with DSD

  • Varun Bansal,
  • Parvathi Menon

摘要

Disorders/Differences of Sexual Development or as commonly referred to as Intersex is a medical condition where people born with it have a different sexual anatomy than the archetypal male or female. Due to their unique identity, it becomes imperative that laws protect their vulnerability, particularly in the case of children and adolescents who have DSD. This Article attempts to delineate how far the laws in its current form accommodate DSD children and adolescents. By showcasing the lacunas in the present laws in catering the DSD Children and Adolescents, this Article advocates that the State must take steps in enacting a new law that specifically addresses the grievances of such children and adolescents. The Article further espouses that the State must amend some of the existing provisions under Criminal law that incorporate heteronormative language which tend to alienate such children and adolescents. In doing so, the State would be honouring its commitment to the Constitution laid down in the Directive Principles of State Policy and taking a positive step in promoting diverse identities.