Kochi: In a significant legal development, a lesbian couple hailing from Malappuram has approached the Kerala High Court, levying serious allegations against their parents and the hospital for using forced conversion therapy on one of them. Some use conversion therapy without any scientific ground as a means to change someone's sexual orientation.
The petitioners, whose identities remain undisclosed, have also implicated a private hospital in Kozhikode, accusing it of subjecting one of them to coercive conversion treatments. Acting on the plea, the bench headed by Justice Devan Ramachandran has issued notices to the respondents, including the private hospital, scheduling the case for hearing after two weeks.
According to the petitioners, their relationship spans over three years. However, complications arose when one of the petitioners' parents filed a missing person report with the local police. The judicial first-class magistrate court in Malappuram granted the couple permission to stay together. Despite securing permission from the court, the first petitioner was allegedly forcibly taken away by her parents and subjected to conversion therapy against her consent, Times of India.
Exhausting all available avenues, the petitioners lodged complaints with various authorities, including the National Medical Commission, the state police chief, the Social Justice Department director, and the Kerala State Mental Health Authority. However, the authorities failed to take any significant action against the accused. Frustrated by the inaction, they turned to the high court for redressal.
Emphasizing the illegality and ethical concerns surrounding conversion therapy, the petitioners advocated for its immediate prohibition, asserting that such practices infringe upon natural justice. Furthermore, they urged the court to mandate the formulation of health guidelines explicitly outlawing all forms of conversion therapy, reports The Daily.
The case represents a critical juncture in the legal discourse surrounding LGBTQ+ rights and underscores the imperative for comprehensive legal safeguards to protect individuals from coercive and discriminatory practices based on sexual orientation. Section 319 of the Indian Penal Code (IPC) deals with the offence of "voluntarily causing hurt by dangerous weapons or means." If a person is subjected to physical harm or injury as a result of conversion therapy, this provision can be invoked.
While Section 377 was decriminalized by the Supreme Court of India in 2018, it can still be invoked if someone is coerced into undergoing conversion therapy due to fear of prosecution under this section.
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