Doctors engaging in conversion therapy have to be tried under professional misconduct: HC to NMC, State Medical Councils

Such a direction has been issued by the HC bench comprising of Justice N. Anand Venkatesh in order to ensure that the State Councils while taking disciplinary action against medical professionals can consider the recommendations made by the Expert Committee.

"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," noted the bench.

This comes after the court took note of the recommendations made by Expert Committee regarding conversion therapies and also noted that the National Medical Council on 15.02.2022 had directed the Ethics and Medical Registration Board for taking action against doctors in the context of conversion therapies in the LGBTQIA+ community.

"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," noted the bench.

"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," further read the order.

Further, impleading the Tamil Nadu Medical Council as a respondent in the case, the HC bench clarified that the state council should note the recommendations made by the Expert Committee and take appropriate action for "conversion therapy".

Apart from this, the bench also praised the NMC and the Expert Committee for their efforts in revising the CBME curriculum and making its terms LGBTQIA+ community-friendly.

The Madras High Court bench was considering the status reports filed by the Government on the basis of the directions that it had issued last year.

Also Read: Cancel license of medical professionals for any involvement in conversion therapy of LGBTQIA members: Madras HC to NMC

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".

At that time, the court had given its suggestions in this regard to the National Medical Commission (NMC), Indian Psychiatric Society, and Rehabilitation Council of India. Apart from these, the Court has also given suggestions to the Police and Prison Authorities District and State Legal Service Authorities, Judiciary, Education Institutions, Health workers, Public and Private workplace/ institutions, and finally the Parents of LGBTQIA+ members.

Back in its order dated 06.12.2021, the court had identified certain offensive and unscientific terms about the LGBTQIA+ community in the existing competencies of CBME Curriculum, the syllabus for MBBS course.

However, when the matter came up for hearing on 23.12.2021, the National Medical Council informed the court that an expert committee has been constituted to specifically look into the concerns raised by the court and submit a report. Consequently, the counsel appearing for NMC submitted a status report, which suggested that the modified competency which should be incorporated in the CBME Curriculum.

Referring to the relevant portions of the Status Report, the Madras High Court bench lauded NMC for its sincere efforts and also appreciated the Expert Committee, which had discussed each and every existing competency and suggested modified competency.

"The very composition of the committee shows that the NMC was earnestly attempting to get the suggestions and implement the same, by amending the competencies prescribed under the CBME curriculum," noted the HC at this outset.

Taking note of the fact that the modified competency is readily available, the HC directed the National Medical Council to issue appropriate directions to all the universities to follow only those books in which the modified competency is incorporated and published, "atleast from the next academic year i.e. 2022-2023."

Finally, the court referred to the Expert Committee's recommendations regarding the "conversion therapy" and noted, "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."

Observing that NMC on 15.02.2022 had specifically directed its Ethics and Medical Registration Board to take action wherever such "conversion therapies" are undertaken by doctors, the HC bench directed NMC to immediately circulate the report and recommendations of the Expert Committee to the State Medical Council within four weeks, so that the State Councils can take appropriate action against doctors whenever such a situation arises.

Further, the bench suo-motu impleaded the Tamil Nadu Medical Council as the 24^th Respondent in the petition, and Mr. G. Sankaran, learning standing counsel for TNMC took notice regarding the matter.

The court directed TNMC, "The 24^th respondent shall take note of the recommendations made by the expert committee and wherever any complaint is received with regard to "conversion therapy", appropriate action shall be taken in accordance with the existing rules."

To read the court order, click on the link below.