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

The High Court single bench of Justice Anand Venkatesh on Monday further instructed the Physical and Mental health professionals to extend their support towards those facing the stigma and discrimination from society. Suggestions in this regard have been issued by the Court to the National Medical Commission (NMC), Indian Psychiatric Society, and Rehabilitation Council of India.

Suggestions made to the medical professionals by the High Court in this regard included-

(i) Assistance to LGBTQIA+ community and their environment, by affording Physical and Mental health support who are facing stigma and discrimination from society.

(ii) Mental health camps and awareness programs to understand gender, sexuality, sexual orientation and promote acceptance of diversity.

(iii) Prohibit any attempts to medically "cure" or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender.

(iv) To take action against the concerned professional involving themselves in any form or method of conversion "therapy", including withdrawal of license to practice.

Apart from these, the Court has also given suggestions to the Police and Prison AuthoritiesDistrict and State Legal Service Authorities, Judiciary, Education Institutions, Health workers, Public and Private workplace/ institutions, and finally the Parents of LGBTQIA+ members.

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These suggestions by High Court came while considering a petition moved by a lesbian couple who fled from their houses as their relationship was being opposed by their relatives. When their parents filed missing complaints with police and interrogations started at their residential premises, apprehending threat to their safety and security, the couple approached the Court seeking a direction to the police not to cause harassment and protection from any form of threat or danger to their safety and security from their relatives.

During the course of the hearing, the Court felt that the case required attention in detail. After listening to the case history in detail, and going through the court proceedings, the HC bench opined that certain guidelines needed to be framed and directions should be issued for proper recognition of the rights of the LGBTQIA+ community and also to ensure their safety and security to lead a life chosen by them.

Mentioning that the society although sanctions the live-in relationship between heterosexual couples doesn't recognize the same between the same-sex ones, the Court observed, "It is therefore clear that the actual problem is not the fact that the law does not recognise a relationship but that the sanction that is accorded by the society is not available. It is only for this reason, I strongly feel that the change must take place at a societal level and when it is complemented by a law there will be a remarkable change in the outlook of the society by recognising same-sex relationships."

The Court opined that legislative changes were required to make way for better acceptance of LGBTQIA+ people in the society and also stated that "A law cannot be effective without it being acknowledged by the society and such an awakening in the society is not going to happen overnight."

Observing the need to issue certain guidelines in the meantime, the HC bench noted, "Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety. This gap is now sought to be filled in by way of issuing guidelines till law takes over and guarantees safety and protection."

Framing the guidelines required for the safety, security and acceptance of LGBTQIA+ people in the society, the bench noted, "This Court expects the respective departments/authorities and institutions to implement these guidelines in letter and spirit not for the sake of complying with a judicial fiat but to ensure that this society evolves, and the LGBTQIA+ community is not pushed out of the mainstream of the society."

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The guidelines issued by the Court are as follows-

A.The police, on receipt of any complaint regarding girl/woman/man missing cases which upon inquiry/investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.

B.The Ministry of Social Justice & Empowerment (MSJE), has to enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. The list of such NGOs along with the address, contact details, and services provided shall be published and revised periodically on the official website. Such details shall be published within 8 weeks from the date of receipt of copy of this order.

C.Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rights

D.The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually.

E.Such problems shall be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.

F.With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and "garima greh" (a shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care, and recreational facilities. Besides, it will provide support for capacity-building/skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order.

G. Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream shall also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavor to devise such measures and policies.

Apart from these, the Court also suggested some sensitization programs to be conducted by the concerned Ministry of the Union/State Government(s). Some such directions issued to several departments are-

Physical and Mental Health Professionals:

The directions issued to physical and mental health professionals are as follows-

(i) Assistance to LGBTQIA+ community and their environment, by affording Physical and Mental health support who are facing stigma and discrimination from society.

(ii) Mental health camps and awareness programs to understand gender, sexuality, sexual orientation and promote acceptance of diversity.

(iii) Prohibit any attempts to medically "cure" or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender.

(iv) To take action against the concerned professional involving themselves in any form or method of conversion "therapy", including withdrawal of license to practice.

(v) Sensitization programs as provided by Rule 10(7)(b) of Transgender Persons (Protection of Rights) Rules, 2020 shall be in addition to the above said.

Educational Institutes:

(i) Changing the school curriculum of Schools and Universities in order to educate students on understanding the LGBTQIA+ Community.

(ii) Outreach programs to be conducted in association with NGOs and members of the LGBTQIA+ Community.

(iii) Parents-Teacher Association (PTA) meetings should be conducted to sensitize parents on issues of the LGBTQIA+ community and gender nonconforming students, to ensure supportive families.

(iv) Amendment of necessary policies and resources to include students belonging to the LGBTQIA+ community in all spheres are Schools and Universities. These amendments included-

1. Ensure availability of gender-neutral restrooms for the gender-nonconforming student.

2. Change of name and gender on academic records for transgender persons.

3. Inclusion of 'transgender' in addition to M and F gender columns in application forms for admission, competitive entrance exams, etc.

4. Appointment of counselors who are LGBTQIA+ inclusive, for the staffs and students to address grievances, if any, and to provide effective solutions for the same.

Apart from these directions were also given to the Police and Prison Authorities to hold programs regularly on required steps for protection from and prevention of offenses against the LGBTQIA+ community, to conduct sensitization about their legal rights, outreach programs, separating transgender and gender-nonconforming prisoners from cis-men prisoners to eliminate chances of sexual assault, etc.

The Court also instructed the judiciary to conduct awareness programs for Judicial Officers at all levels in coordination with the enlisted NGOs and community support and to provide suggestions/ recommendations to ensure non-discrimination of persons belonging to the LGBTQIA+ community.

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