The National Medical Commission (NMC) of India has recently issued a directive banning the practice of conversion therapy, classifying it as professional misconduct. This move comes following an order from the Madras High Court and marks a significant step towards safeguarding the rights and wellbeing of the members of the LGBTQIA+ community in India. Let’s delve into the details of this new directive and its implications.
Understanding LGBTQIA+
LGBTQIA+ is an acronym for lesbian, gay, bisexual, transgender, queer, intersex, asexual or of any other orientation. These individuals do not typically identify with cisgender (sex assigned at birth) heterosexual ideals. The ‘+’ symbol expands the spectrum to include all gender identities and sexual orientations that aren’t explicitly captured by the initial letters.
In India, the LGBTQIA+ community also encompasses the Hijra community, which is culturally defined as neither men nor women, or as men who behave like women. This community is often referred to as the Third Gender. It’s important to note that in September 2018, the Supreme Court decriminalised section 377, which previously labeled homosexual relations as unnatural offenses.
Conversion Therapy and Its Risks
Conversion therapy, also known as reparative therapy, is an attempt to change an individual’s sexual orientation or gender identity. Despite being discredited by numerous professional organizations globally, it remains prevalent in many parts of the world, including India. Conversion therapy can involve psychiatric treatment, drugs, exorcisms and even violence. Often, these harmful practices are carried out by individuals with little to no expertise in the area.
Conversion therapy stands on the flawed assumption that homosexuality and diverse gender identities are pathological. Consequently, it poses a severe risk of triggering or exacerbating mental health conditions like anxiety, stress and drug use, which in some cases, can lead to suicide.
Directives of the Madras High Court
The Madras High Court, in a landmark ruling, strictly prohibited any attempts to medically cure or change the sexual orientation of LGBTQIA+ people. The court directed the National Medical Commission to officially list Conversion Therapy as a professional misconduct and urged authorities to take strict actions against any professionals found engaging in these harmful practices.
In line with the Transgender Persons (Protection of Rights) Rules, 2020, and the Transgender Persons (Protection of Rights) Act, 2019, the court also stated that it is crucial for sensitization programmes to be held to enhance understanding and acceptance of the community and its needs.
Key Legal Milestones Safeguarding LGBTQIA+ Rights
India’s journey towards safeguarding LGBTQIA+ rights has been one of ups and downs. Some pivotal legal milestones include the striking down of section 377 by the Delhi High Court in 2009, the Supreme Court’s ruling in 2017 stating that the right to privacy includes the sexual orientation, and the decriminalization of homosexuality in 2018. In 2019, the Transgender Persons (Protection of Rights) Act was passed to protect the rights and welfare of transgender persons.
Despite these advancements, India saw a setback when the Central Government opposed same-sex marriage in Delhi High Court in 2021, stating that marriage in India can only be recognized if it is between a “biological man” and a “biological woman”.
Looking Ahead: Promoting Understanding and Acceptance
There is a pressing need to effect changes in educational curricula to foster better understanding and acceptance of the LGBTQIA+ community. Instances of bullying, discrimination, stigma, and ostracisation are all too common experiences narrated by those of different sexual orientations or gender identities.
Alongside educational reform, there is also a need for infrastructural amendments, such as the introduction of gender-neutral restrooms in educational institutes and public places. Moreover, parents should be sensitized to foster a home environment of understanding and acceptance.
For those choosing to undergo sex reassignment surgery, access to proper guidance and therapy is crucial, given the prohibitive costs involved. Eliminating harmful practices like conversion therapy is just one step in this long journey towards equality, acceptance, and protection of LGBTQIA+ rights.
