NMC declares Conversion therapy as professional misconduct under IMC Regulations
New Delhi: Complying with the directions issued by the Madras High Court, the National Medical Commission (NMC) has recently notified about enlisting "Conversion Therapy" as professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022.
Writing to the State Medical Councils in this regard, the Ethics and Medical Registration Board (EMRB) of NMC stated, "In compliance of the order dated 8th July, 2022, Ethics and Medical Registration Board, National Medical Commission has decided that Conversion therapy will constitute a professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022."
The circular issued by the Deputy Secretary of EMRB on August 25, 2022 referred to the previous order of the Madras High Court in this regard and stated, "I am directed to refer to the subject captioned above and say that Hon'ble High Court of Madras vide its Order dated 08.07.2022 given in W.P. No. 7824 of 2021 has directed the NMC to issue necessary official notification by enlisting "Conversion Therapy" as a professional misconduct."
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.
Recently in its order dated 08.07.2022 the HC bench directed the NMC for enlisting "Conversion Therapy" as professional misconduct. The court issued this direction to NMC as it took note of the submission by the petitioner's counsel, who referred to various suggestions about the conversion practices and the scope of prohibiting such practices. Reference was also made to the Legislation that is available in two other countries in this regard and also to the United Nations report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.
Referring to this, the bench comprising of Justice N. Anand Venkatesh noted, "The learned Standing Counsel for National Medical Commission, shall also take note of the suggestions given in the notes of submissions and it can be made use of by the National Medical Commission,while finalising the enlistment of the professional misconduct for "Conversion Therapy"."
Now, complying with the HC order, NMC has decided to hold "Conversion Therapy" as a professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022.
Welcoming the decision, Dr Prashanth S, the National President SNO India and also the State Co Convener of IMA JDN TN told Medical Dialogues, "It is indeed a welcome move in due recognition of the civil rights espoused by rule of law to the LGTBQ+ community that the medical fraternity has time and again espoused with complete faith and in abiding by the orders of the Hon'ble High Court of Madras. Wider sensitivity, integration into the society and exposure in handling such instances has been enumerated by the NMC vide its curriculum on family adoption program and ethical learning under Psychiatry, Forensics and Medicine."
