Madras HC slams NMC for terming Gender Identity a 'Disorder' in CBME curriculum
Madras High Court
Chennai: The Madras High Court has severely condemned the National Medical Commission (NMC) for its continued use of the term 'Gender Identity Disorder' in its proposed medical curriculum.
Justice N Anand Venkatesh, who has issued multiple directives supporting LGBTQIA+ rights, on February 3, 2025 observed that such terminology undermines efforts to foster inclusivity. He further emphasized that LGBTQIA+ individuals are natural and that their sexual orientation and gender identities are not “disorders.”
The petitioners contended that while an NMC-appointed committee had recommended positive changes in 2022, the current proposed curriculum disregarded those recommendations and reverted to outdated notions.
Justice Venkatesh censured the NMC for its reluctance to incorporate reforms and called for immediate revisions to remove discriminatory classifications. The court remarked that sexual orientations and gender identities are natural and not pathological. It noted;
Case Background
The case originated in 2021 when a lesbian couple fled their homes in Madurai due to opposition from their families. The parents of both women filed missing person complaints, prompting police intervention. Seeking protection from harassment and threats, the couple approached the Madras High Court, which took a significant stance on LGBTQIA+ rights.
On March 22, 2021, the court acknowledged the societal challenges faced by queer individuals and decided to personally hear the parties involved. Justice N Anand Venkatesh took an unprecedented approach by educating himself on LGBTQIA+ issues before delivering his ruling.
On June 7, 2021, the court issued a landmark judgment directing the police to ensure the couple’s safety and ordering the closure of the missing person complaints. The ruling extended beyond the individual case, addressing systemic issues by condemning the classification of LGBTQIA+ identities as a "disorder" in medical education and directing the National Medical Commission to revise its curriculum.
It also declared conversion therapy as professional misconduct and called for strict action against those practicing it. The court further instructed educational institutions and government bodies to implement awareness programs to foster inclusivity.
State Policy on LGBTQIA+ Rights
During the hearing, the Tamil Nadu government informed the court that it was in the final stages of drafting policies for the welfare of LGBTQIA+ persons. It proposed two separate policies—one for transgender and intersex persons and another for the broader LGBTQIA+ community.
The court, however, cautioned that such a division might create confusion, reinforcing a misconception that transgender and intersex persons are distinct from the LGBTQIA+ spectrum. Justice Venkatesh advised the government to consider a consolidated policy to ensure clarity and comprehensive protection.
The state was directed to submit both proposed policies along with a note detailing any difficulties in merging them. The court emphasized that stakeholder consultation should be conducted to formulate an effective and inclusive policy, ensuring it is legally robust and not subject to future litigation.
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