Is guardianship sufficient to claim suzerainty over the interests of the ward?
Is a child, property of a parent?
Can by the consent of a parent, an act upon a minor, become legal and ethically sound?
The Honourable Justice, at the Madurai Bench of Madras High Court, while pronouncing his Order on 22 April 2019, on a Writ Petition praying to direct the respondents to register the marriage solemnized between a Hindu male and a transwoman, has quoted much in favour of the third gender and has also in his order, published verbatim the response of the Directorate General of Health Services to Shri Gopi Shankar M, Executive Director, Srishti Madurai Student Volunteer Educational ResearchFoundation, on his request seeking the NHRC to ban the forced sex selective surgeries. The DGMS in it's response sounding of a clear conscience indicating of no violation or any intrusion into Intersex people's fundamental rights, strangely states "any kind of invasive
medical procedure including sex reassignment surgeries are done only after thorough assessment oft thepatient, obtaining justification for the procedure
planned to be conducted with the help of appropriate diagnostic test and only after taking a written consent of the patient/guardian."
Stating that "The consent of the parent cannot be considered as thec consentof the child." the Justice has quoted the work of Khalil Gibran in his small book, The Prophet.
"Your children are not your children.
They are the sons and daughters of Life's longing for itself.
They come through you but not from you,
And though they are with you yet they belong not to you.
You may give them your love but not your thoughts,
For they have their own thoughts...."
WHO has called for a deferment of intersex genital mutilation (IGM) until the intersex persons are old, enough to make decisions for themselves, the Justice has stated.
The order of the Justice further states that the Hon'ble Supreme Court in NLSA case hasc categoricallystated that none be forced to undergo medical procedures including SRS, sterilisation or hormonal theraphy, as a requirementfor legal recognition of their gender identity.
Taking note of the current state that the mandate issued by the Hon'ble Supreme Court is not beingh onoured, the Court has to necessarily direct the Government of Tamilnadu to issue a Government Order enshrining the aforesaidm mandateof the Hon'ble Supreme Court so as to effectively ban sex reassignmentsurgeries on intersex infants and children.
"A person who isi n the Third Category is entitled to remain beyond the duality ofm malefemale or opt to identify oneself as male or female. It is entirelythe choice of the individual concerned." the Order states.
Read The Prophet, online
http://www.gutenberg.org/files/58585/58585-h/58585-h.htmhttp://www.gutenberg.org/files/58585/58585-h/58585-h.htm
Osho Rajneesh has written a commentary in two volumes, on The Prophet, entitled, The Messiah in two volumes, both available for Free download.
Veteran broadcaster, Late.P.U.Aiyoob, a good old friend of mine, has translated the work in Tamil, entitled, Perarivalan, and this was then made part of all government library collections in the State. The Tiruchirappalli Intellectual Forum had a practice of gifting this book to the visitors.
Is a child, property of a parent?
Can by the consent of a parent, an act upon a minor, become legal and ethically sound?
The Honourable Justice, at the Madurai Bench of Madras High Court, while pronouncing his Order on 22 April 2019, on a Writ Petition praying to direct the respondents to register the marriage solemnized between a Hindu male and a transwoman, has quoted much in favour of the third gender and has also in his order, published verbatim the response of the Directorate General of Health Services to Shri Gopi Shankar M, Executive Director, Srishti Madurai Student Volunteer Educational ResearchFoundation, on his request seeking the NHRC to ban the forced sex selective surgeries. The DGMS in it's response sounding of a clear conscience indicating of no violation or any intrusion into Intersex people's fundamental rights, strangely states "any kind of invasive
medical procedure including sex reassignment surgeries are done only after thorough assessment oft thepatient, obtaining justification for the procedure
planned to be conducted with the help of appropriate diagnostic test and only after taking a written consent of the patient/guardian."
Stating that "The consent of the parent cannot be considered as thec consentof the child." the Justice has quoted the work of Khalil Gibran in his small book, The Prophet.
"Your children are not your children.
They are the sons and daughters of Life's longing for itself.
They come through you but not from you,
And though they are with you yet they belong not to you.
You may give them your love but not your thoughts,
For they have their own thoughts...."
WHO has called for a deferment of intersex genital mutilation (IGM) until the intersex persons are old, enough to make decisions for themselves, the Justice has stated.
The order of the Justice further states that the Hon'ble Supreme Court in NLSA case hasc categoricallystated that none be forced to undergo medical procedures including SRS, sterilisation or hormonal theraphy, as a requirementfor legal recognition of their gender identity.
Taking note of the current state that the mandate issued by the Hon'ble Supreme Court is not beingh onoured, the Court has to necessarily direct the Government of Tamilnadu to issue a Government Order enshrining the aforesaidm mandateof the Hon'ble Supreme Court so as to effectively ban sex reassignmentsurgeries on intersex infants and children.
"A person who isi n the Third Category is entitled to remain beyond the duality ofm malefemale or opt to identify oneself as male or female. It is entirelythe choice of the individual concerned." the Order states.
Read The Prophet, online
http://www.gutenberg.org/files/58585/58585-h/58585-h.htmhttp://www.gutenberg.org/files/58585/58585-h/58585-h.htm
Osho Rajneesh has written a commentary in two volumes, on The Prophet, entitled, The Messiah in two volumes, both available for Free download.
Veteran broadcaster, Late.P.U.Aiyoob, a good old friend of mine, has translated the work in Tamil, entitled, Perarivalan, and this was then made part of all government library collections in the State. The Tiruchirappalli Intellectual Forum had a practice of gifting this book to the visitors.
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