Madras HC Seeks Response on Plea for Gender-Affirmative Surgery Protocols
court order
Chennai: In a significant move aimed at safeguarding transgender rights in Tamil Nadu, the Madras High Court has directed relevant authorities to respond to a petition calling for the implementation of protocols for gender-affirmative surgery.
The respondents include the National Medical Council, Tamil Nadu Health and Family Welfare Department, Madras Medical College and Rajiv Gandhi Government General Hospital, Government Rajaji Medical College and Hospital, National Health Mission Tamil Nadu, Directorate of Medical Education and Research, Directorate of Medical and Rural Health Services.
A bench of Justices SS Sundar and P Dhanabal passed the direction while providing four weeks’ time for the respondents to file their counter. It was filed by a trans man, who asked the Tamil Nadu Health and Family Welfare Department to frame and implement comprehensive technical and operational protocols for gender-affirmative care. The initiative should be implemented as per the guidelines of the World Professional Association for Transgender Health (WPATH) as required by the Transgender Persons (Protection of Rights) Act, 2019 after due consultation, reports Live Law.
Along with that, the plea asks for a declaration that any practice, protocol, or technical aspect that does not adhere to the WPATH Standards of Care constitutes professional misconduct as defined by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 and the Tamil Nadu Medical Council Code of Medical Ethics (Professional Conduct, Etiquette and Ethics) Regulations 2003.
In its plea, the petitioner has also sought the prohibition of unethical practices that are currently going on in transgender clinics, including those in Chennai and Madurai. Some of the clinics have been allegedly involved in unnecessary and objectionable medical procedures, reports the Daily.
Tamil Nadu has dedicated clinics for transgender people, but the petitioner pointed out that the protocols don't match the latest WPATH Standards of Care, revised in September 2022. It has led to discrimination and violated the rights of transgender persons' access to safe, dignified and sex-affirming healthcare through lack of clear guidelines.
The petition highlighted that the absence of guidelines violates the Transgender Persons Act (15e), apart from denying fundamental rights protected under the Indian Constitution such as the individuals' right to make their own personal choices with respect to their identity as per Article 19(1) (a) of the Constitution, and the right to their dignity, privacy and health as per Article 21 of the Constitution.
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