"Conversion Therapy" for LGBTQIA should be considered as Professional Misconduct by doctors: Madras HC to NMC

Chennai: In a major move that might put a stop to the practice of "Conversion Therapy" on LGBTQIA+ community, the Madras High Court has directed the National Medical Commission (NMC) for enlisting it as professional misconduct.

The court issued this direction to NMC as it took note of the submission by the petitioner's counsel, who referred to various suggestions about the conversion practices and the scope of prohibiting such practices. Reference was also made to the Legislation that is available in two other countries in this regard and also to the United Nations report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.

Referring to this, the bench comprising of Justice N. Anand Venkatesh noted, "The learned Standing Counsel for National Medical Commission, shall also take note of the suggestions given in the notes of submissions and it can be made use of by the National Medical Commission,while finalising the enlistment of the professional misconduct for "Conversion Therapy"."

The HC direction should be read in continuation of its earlier order in this regard. Medical Dialogues had earlier reported that in an attempt to remove the stigma and prejudices associated with the LGBTQIA+ community, the Madras HC had directed the National Medical Commission (NMC) to circulate the Expert Committee's report and recommendations of identifying "conversion therapy" on LGBTQIA+ community as a "professional misconduct" to the State Medical Councils across the country.

"One more important recommendation that has been made by the expert committee is with regard to the "conversion therapy" being identified as a professional misconduct. In the recommendations, the committee had made it very clear that any attempt / interventions to change the sexual orientation and/or gender identity of a person, which is commonly referred to as "conversion therapy", should be construed as a professional misconduct on the part of the medical professionals under Chapter VII of the Indian Medical Council, Professional Conduct, Etiquette and Ethics Regulation, 2002," the bench had observed at that time.

"The National Medical Council on the basis of the recommendations made by the expert committee, through their communication dated 15.02.2022, has specifically directed the National Medical Council- Ethics and Medical Registration Board to take action wherever such "conversion therapies" are undertaken by any medical professional. Section 27 of the National Medical Council Act, 2019 specifically provides that the compliance of the Code of Professional and Ethical Conduct shall be done through the State Medical Council wherever the concerned State Medical Council has been conferred with the power to take disciplinary action with respect to professional or ethical misconduct," it had added.

Issuing direction to the NMC, the order had mentioned, "In view of the same, there shall be a direction to the National Medical Council to immediately circulate the report of the expert committee and the recommendations made to all the State Medical Councils across the country. This will ensure that the State Medical Council, wherever it is conferred with the power of taking disciplinary action for professional misconduct, can take note of the recommendations of the expert committee, and proceed to take action against the concerned medical professional. This direction shall be complied with by the National Medical Council within a period of four weeks."

While considering the matter on Friday, the court noted that it had earlier directed NMC to issue necessary official notification by enlisting "Conversion Therapy" as a professional misconduct.

At this outset, the bench took note of the NMC draft Conduct Regulations 2022, which has been put in the public domain and NMC has invited suggestions for the same. Referring to this, the Court observed that only gender based discrimination has been included in the Draft as a misconduct and "Conversion Therapy" has not been enlisted in it.

Referring to this, the Court asked the NMC counsel to take specific instructions and noted, "While going through the draft, it is seen that only the gender based discrimination has been included as a mis conduct. However, the "Conversion Therapy" that was directed to be enlisted as a professional misconduct pursuant to the recommendations made by Committee, is conspicuously absent. The learned Standing Counsel shall take specific instructions in this regard."

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Meanwhile, the Senior Panel counsel for the NCERT submitted a Status Report indicating Training Module on Integrating Transgender Concerns in Schooling Process' which is based on the earlier training material Inclusion of Transgender Children in School Education.

Medical Dialogues had previously reported that in an attempt to remove the stigma and prejudices associated with the LGBTQIA+ community, the Madras HC had last year suggested a slew of measures which included the suggestion to cancel the license of medical professionals for any involvement in any form or method of conversion "therapy".