LGBTQIA+

Syllabus: General Studies Paper 2

The National Medical Commission (NMC) has directed all the State Medical Councils to ban conversion therapy and has called it “professional misconduct”.

What is conversion therapy? 

Conversion or reparative therapy is an intervention aimed at changing the sexual orientation or gender identity of an individual with the use of either psychiatric treatment, drugs, exorcism or even violence, with the aim being to make the individual a heterosexual. 

Conversion therapy also includes other measures that are aimed at altering the core identity of youth whose gender identity is incongruent with their sexual anatomy.

Risks associated with conversion therapy

• Such therapy is usually undertaken by people who pretend to be professionals but do not have any expertise.
• As per the American Academy of Child and Adolescent Psychiatry (AACAP), such conversion interventions are undertaken under the false impression that homosexuality and diverse gender identities are pathological and there is actually no need for conversion or other such interventions.
• Further, such therapy or interventions cause severe mental health issues such as anxiety, stress and drug use which can lead to suicide.

Madras High Court’s ruling

• In June 2021, the Madras High Court while hearing about the ordeal of a same-sex couple who sought protection from their parents issued interim guidelines for the police, activists, Union and State Social Welfare Ministries, and the National Medical Commission to “ensure their safety and security to lead a life chosen by them.” 
• Further, the High Court prohibited any attempt to medically “cure” or change the sexual orientation of LGBTQIA+ community individuals. 
• The court directed the authorities to take action against “individuals involving themselves in any form or method of conversion therapy,” which would result in the withdrawal of the licence to practice medicine. 
• The court then ordered the NMC to issue an official notification to regard “Conversion Therapy” as “professional misconduct.” 

Other important guidelines issued by the court

• The Madras High Court ordered the police to close the complaints of missing person cases, “without subjecting them to harassment” if it is found that the individuals were consenting adults belonging to the LGBTQIA+ community.
• The High Court also asked the Ministry of Social Justice & Empowerment to formulate a list of NGOs and other organisations that can help address various challenges faced by the individuals of the LGBTQIA+ community
• Further, the court directed that individuals of the community should be accorded legal assistance by the District Legal Services Authority along with various law enforcement agencies. 
• The High Court highlighted the importance of undertaking sensitisation programmes to understand the needs of the individuals and also directed the agencies to follow the Transgender Persons (Protection of Rights) Rules, 2020, and the Transgender Persons (Protection of Rights) Act, 2019 in letter and spirit.

Recommendations

The curriculum in educational institutions must be changed and should include chapters that ensure a better understanding of the community. 

Gender-neutral washrooms and toilets must be compulsorily set up in educational institutes and other places. 

Awareness programmes must be undertaken among the parents as the individuals are often misunderstood and abused at home which forces the individuals to opt for conversion therapies.