NMC issued notice over alleged illegal training on Conversion Therapy for LGBTQIA+
New Delhi: Taking suo moto cognisance of an ongoing illegal training for conversion therapy for lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual (LGBTQIA+) community, the Delhi Commission for Women has issued notice to the National Medical Commission (NMC) in this regard.
Writing to the Apex medical commission, the Chairperson for DCW, Swati Maliwal has sought information regarding the concerned training programme. Further, the DCW has asked NMC to take immediate steps to ensure that the programme has been discontinued and submit a detailed enquiry report regarding the matter.
"Considering the gravity of the matter, please provide the sought information to the Commission latest by 1.04.2023," stated the DCW letter.
The action from DCW comes after an advertisement started circulating on social media claiming that an organisation called the 'World Congress of Psychologists' with its Head Office at Tirupati, Andhra Pradesh is conducting a 3 Month Training Program on Psychosomatic Disorders which started on the 10th of March, 2023.
Referring to this, DCW in its letter mentioned, "The organisation appears to have offered training on tackling 47 different disorders, and has included homosexuality, lesbianism and transvestism in the same."
In this regard, DCW clarified, "It is an established fact that homosexuality, lesbianism and transvestism are not `psychosomatic disorders'. Over 50 years ago, the American Psychiatric Association (APA) issued a resolution stating that homosexuality is not a mental illness or sickness. These so called 'conversion therapies' simply perpetuate myths, biases and discrimination in the society against the LGBTQIA+ community."
The commission in its letter also referred to the judgment passed by the Madras High Court back in 2021 where the Court had held, "any attempts to medically "cure" or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender is prohibited."
Apart from this, the High Court also directed the National Medical Commission, Indian Psychiatric Society and The Rehabilitation Council of India to take action against the concerned professional involving themselves in any form or method of conversion "therapy" including withdrawal of license to practice, mentioned DCW.
Pursuant to this order, the National Medical Commission (NMC) declared conversion therapy as illegal and considers it in the category of 'Professional Misconduct' and has banned the practice under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, it added.
"In the case of National Legal Services Authority v. Union of India & Ors. W. P (Civil) 400 of 2012, it was ordered that gender identity is an important aspect of personal identity and is inherent to a person. It was held that transgender persons have the right to express their self-identified gender by way of speech, mannerism, behaviour, presentation and clothing, etc. The Court also noted that like gender identity, sexual orientation is integral to one's personality, and is a basic aspect of self-determination, dignity and freedom," the letter further mentioned.
However, the Commission noted that despite all these judgments, conversion therapy is still prevalent and such programmes continue to be organized. Calling this "unfortunate" and a "very serious matter", the Commission sought the following information from the NMC Chairperson within April 1, 2023:
1. Whether the said organisation is conducting/ planned to conduct such a program? Also whether the organisation has conducted such a program in the past? If yes, please inform the number of times such a program was conducted by the organisation in the past and the action taken against the same
2. Incase the program is ongoing, steps taken to immediately ensure that the same is discontinued.
3. Incase such a program was conducted/ is being conducted, please inform the details of action taken against the organisation, its office bearers as well as the trainers for this illegal act. Please inform whether their license has been revoked or not. In case the license has not been revoked, inform reasons for the same.
4. Guidelines/ advisories issued by the National Medical Commission regarding banning conversion therapy for homosexuality, lesbianism, and transvestism.
5. Detailed enquiry report in the matter.
Sharing a copy of the letter on Twitter, DCW Chairperson Swati Maliwal mentioned, "Appears that an organisation claims homosexuality, lesbianism and transvestism are ‘disorders’ which they can cure thru ‘conversion therapy’. This is illegal. Have issued notice to National Medical Council to enquire & take strong action incase the org is doing this illegal act."
Medical Dialogues had previously reported that in an attempt to remove the stigma and prejudices associated with the LGBTQIA+ community, the Madras HC had earlier 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.
Directing NMC for enlisting "Conversion Therapy" as professional misconduct, the HC bench comprising Justice N. Anand Venkatesh had 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"."
Consequently, complying with the HC order, NMC had decided to hold "Conversion Therapy" as a 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 had 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."
Also Read: NMC declares Conversion therapy as professional misconduct under IMC Regulations
