Prohibit Attempts To Medically 'Cure' Or Change Sexual Orientation Of LGBTQIA+ People : Madras High Court

The Madras High Court has directed the Union and the State Government to take steps to prohibit attempts by physical and health professionals to medically "cure" or change the sexual orientation of people belonging to LGBTQIA+ community.The Court has also directed that action should be initiated against the concerned professional involving themselves in any form or method of conversion "therapy", including withdrawal of license to practice.These directions were passed by a single bench of Justice Anand Venkatesh while considering a writ petition filed by two lesbian women seeking protection from police harassment at the instance of their parents.While holding that the LGBTQIA+ people cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety, the Court issued a slew of guidelines. Detailed story on the guidelines may be read here.It is notable that Justice Anand Venkatesh voluntarily underwent psycho-educative sessions with a clinical psychologists and had interactions with transgender persons to overcome his prejudices and to understand the problems of homosexual people in a better manner.'My Upbringing Treated "Homosexual", "Gay", "Lesbian" As Anathema' : Madras HC Judge Explains How He Overcame Prejudice Against LGBTQIA+ Community The Court also issued guidelines for the sensitization of police, judiciary, educational institutions and health care professionals regarding LGBTQIA+ issues.In 2019, a single bench of Justice GR Swaminathan had directed that sex re-assignment surgeries on inter-sex children should be banned.Some of the significant directions by the Court in the present case are as follows:Educational institutions- Parent Teachers Association (PTA) meetings should be used to sensitize parents on issues of LGBTQIA+ community and gender nonconforming students so as to ensure supportive families.- Further, necessary amendment should be made to policies and resources to include students belonging to LGBTQIA+ community in all spheres of school and college life. In this regard, the following suggestions were issued:1.Ensure availability of gender-neutral restrooms for the gender-nonconforming student. 2.Change of name and gender on academic records for transgender persons.3. Inclusion of 'transgender' in addition to M and F gender columns in application forms for admission, competitive entrance exams, etc. 4. Appointment of counselors who are LGBTQIA+ inclusive, for the staffs and students to address grievances, if any, and to provide effective solutions for the same.- In addition to the above, the appropriate government shall take effective steps to implement measures in relation to transgender persons as stipulated by Chapter VI of The Transgender Persons (Protection of Rights) Act 2019 and Rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020.JudiciaryConduct awareness programmes for Judicial Officers at all levels in coordination with the enlisted NGOs and community support and to provide suggestions/ recommendations to ensure non-discrimination of persons belonging to the LGBTQIA+ community.Police and Prison authorities- Programs should be held at regular intervals on steps to be taken for protection from and prevention of offences against the LGBTQIA+ community. - Conduct sensitization about legal rights of LGBTQIA+ community at regular intervals. - Not limited to the above programs, sensitization programs are to be conducted for police personnel creating awareness about the Offences and Penalties as stipulated under Chapter VIII of The Transgender Persons (Protection of Rights) Act, 2019 and compliance of Rule 11 of the Transgender Persons (Protection of Rights) Rules, 2020. - Outreach programs should be conducted by the NGOs with community support to put forth first-hand problems faced in the hands of law enforcement agencies, and to train them in providing effective assistance. Ensure that transgender and gender-nonconforming prisoners are housed separately from cis-men prisoners to eliminate chances of sexual assault by the latter on the former.Physical and Mental Health Professionals- Mental health camps and awareness programs should be conducted to understand gender, sexuality, sexual orientation and promote acceptance of diversity. - Any attempts to medically "cure" or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender should be prohibited.- Action should be initiated against the concerned professional involving themselves in any form or method of conversion "therapy", including withdrawal of license to practiceThe Court also issued the following interim directions:A. The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/ investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon ...

Prohibit Attempts To Medically 'Cure' Or Change Sexual Orientation Of LGBTQIA+ People : Madras High Court

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