Madras HC seeks report from NMC, IPS over Queerphobia in MBBS course, directs curriculum update

Published On 2021-09-02 11:45 GMT   |   Update On 2021-09-02 11:57 GMT
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Chennai: Highlighting the need for revamping medical courses and make them up to date, Madras High Court has sought report from National Medical Commission (NMC) and the Indian Psychiatric Society on how will they handle the issue of queerphobia among medical professionals and conversion therapies employed by them due to lack of knowledge and sensitivity about Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) community.

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The court noted that medical courses in India reaffirm queerphobia and discrimination against LGBTQIA+ communities.

It further directed the police to amend its conduct rules to ensure that activists and other members of non-governmental organisations working with LGBTQ persons are also protected from police harassment.

Justice N Anand Venkatesh pointed out that medical professionals often apply treatment methods on transgenders which are more of a "conversion therapy" camouflaged as medical and mental health support.

The bench was hearing a plea lodged by a lesbian couple who sought protection from their relatives.

On June 7, bench had issued comprehensive directions to various stakeholders, including the state government, to provide counselling, monetary support, legal assistance and protection to the LGBTQIA+ community members, who face serious discrimination in society. The Court further ordered strict action against those who attempt to cure or change sexual orientation.

The Court had also suggested that changes be made to curricula of schools and universities to educate students on understanding the LGBTQIA+ community.

The matter was taken up again on Tuesday, wherein, the court adverted to the report submitted by Dr. Trinetra Haldar Gummaraju, a transwoman, which stated that currently, for undergraduate students studying Forensic Medicine as part of the MBBS course, the medical curriculum describes sodomy, lesbianism and oral sex as sexual offences, and 'transvestism' (cross-dressing) as a 'sexual perversion'.

Upset by the report, the court said it reflected how queerphobia was being reaffirmed as legitimate throughout the education of a doctor who might go on to become a psychiatrist or any physician who might be approached by a person from the community. It observed,
"As important as it is for an advocate or a judge to take up a client's case or to decide the case, as the case may be without being personally judgemental about them, it is equally or even more important for a professional from the medical and mental health professionals' fraternity to be non-judgemental and free of moral or personal prejudices about their patient's or client's identity on the gender spectrum or their sexuality."
The bench pointed out that the knowledge about a patient's gender identity and sexuality may be of interest to a doctor, physician and a mental health professional if it is pertinent in cracking the course of treatment, but the course of treatment cannot be one which aims to "cure" their gender identity or sexuality itself.
"This lack of knowledge on the part of the concerned psychiatrist is directly attributable to the course that was undergone by him and which is yet to be revamped and brought up to date....Queerphobia is being reaffirmed as legitimate throughout the education of a doctor who might go on to become a psychiatrist or any physician who might be approached by a person from the community," the Court observed.
In this regard, the Court also referred to an example of a prescription that was given by a psychiatrist to a gay man. The doctor had prescribed two medicines namely Stimuli Capsule and Fluoxet capsule for 15 days. That apart, the doctor had also referred the concerned person to a psychotherapist for Cognitive Behavioural Therapy.
The court noted,
This sample case clearly exhibits the ignorance on the part of the Doctor who is not even aware that there is no "cure" for gender identity. These are ways and means adopted by professionals under the guise of conversion therapy. Prescribing anti-depressants and erectile dysfunction drugs to a person and referring them into cognitive behavioural therapy as "remedy" to their gender identity and sexuality is nothing but conversion "therapy", camouflaged as medical and mental health support.

This lack of knowledge on the part of the concerned psychiatrist is directly attributable to the course that was undergone by him and which is yet to be revamped and brought up to date, the Court added.

The Court, therefore, proceeded to direct the Additional Solicitor General to bring these issues to the attention of the National Medical Commission (NMC) and Indian Psychiatric Society and to direct them to file a report as to how they are going to handle this issue in the future by carrying out necessary changes in the curriculum.
Meanwhile, the court also directed the Tamil Nadu government to amend rules in order to take action against police personnel who harass people from the LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual) community or those belonging to NGOs supporting such people, reports IANS.
Justice N. Anand Venkatesh issued the direction on Wednesday after expressing disappointment over complaints of police harassing LGBTQIA+ members as well the NGOs supporting them. He said that despite the issuance of such a directive, there were no marked changes. He also said that his June 7 order to hold a sensitisation programme for the police personal on the issue was not followed.
The sensitisation programme must be conducted by persons belonging to the LGBTQIA+ community or NGO members who are involved in protecting and looking after the welfare of such people, he added. He also suggested that a specific clause is to be added in the Police Conduct Rules specifically providing that any harassment by the police, to the persons belonging to the LGBTQIA+ community and/or to the activists and NGO workers, will be treated as misconduct and will entail a punishment for such misconduct.
According to IANS, the Court further condemned incidents of misreporting and insensitivity demonstrated by the media in publishing "news" about persons belonging to the LGBTQIA+ community.
Further, coming down heavily on the media for 'insensitive' reporting about the members of the LGBTQIA+ community, Venkatesh said, "The reportage of the most intimate and personal aspects of an individual's identity by the contemporary vernacular media is deeply problematic."
"It not only reflects the pre-existing harmful stigmatization of the society but also perpetuates it. Stigmatizing inaccurate and inherently unscientific terms like 'A man turned into a woman' or a 'Woman turned into a man' are based on queerphobia and cannot be tolerated or entertained any further. It is high time journalists stick to sensitive and inclusive terms on the gender spectrum," he added.

The matter will be taken up again on October 4 at 2.15 pm.

To view the official judgement, click on the link below:

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Article Source : with agency inputs

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