International Journal of Science and Research (IJSR)

International Journal of Science and Research (IJSR)
Call for Papers | Fully Refereed | Open Access | Double Blind Peer Reviewed

ISSN: 2319-7064

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Analysis Study Research Paper | Psychology | India | Volume 12 Issue 9, September 2023

Self, Community, and the State among Intersex People in India

Chessana Malik

Abstract: The intersex community has always been subjected to oppression in the form of unwarranted socio-medical interventions in the pursuit of popular notions of "normal" and "abnormal" bodies. The law plays a role in the denial of equal protection of the rights and liberties of intersex persons which further contributes to their oppression on top of the social stigma they already face. The paper aims to analyse the different ways in which both the law and society oppress and marginalise intersex persons. In the first part, it aims to clarify the meaning of the term "intersex" and goes on to adjudge it as a socially constructed category. In response to such constructions, the paper notes the reaction of the law in classifying the division between "normal" and "abnormal bodies." In the second part, the paper explores the different ways in which the law, besides being a part of the problem, can be a part of the solution. It focuses on three aspects with reference to recent Indian jurisprudence vis-a-vis the judgements of the Supreme Court and the Madras High Court. The paper concludes by emphasising how societal awareness can be increased through art production by intersex communities.

Keywords: Law, Sexuality, Gender, Human Rights, Transgender People

Edition: Volume 12 Issue 9, September 2023,

Pages: 1020 - 1023

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