Kerala HC says 'Frame guidelines for conversion therapy to change Sexual Orientation'

The Kerala High Court has ordered the government to frame guidelines for conversion therapy to change the sexual orientation, gender identity and gender expression of the LGBTIQ (lesbian, gay, bisexual, transgender, intersex, and queer) community.

Justice PV Kunhikrishnan issued the order on the petition filed by Rajashree Raju of Queerala, an organisation for the LGBTIQ community in Kerala based in Ernakulam and PR Raghav, a transman and an alleged victim of forced conversion therapy.

The petitioner pleaded to the judiciary to declare that all forms of forced treatment claims and conversion therapy to change the Sexual Orientation, Gender Identity and Gender Expression of people belonging to the LGBTIQ Community as illegal and unconstitutional.

It also sought to formulate a mental health guideline making it illegal to practise any form of conversion therapy by practitioners or Mental Health Institutions.

Petitioner urges Kerala Govt to frame guidelines for conversion therapy to change sexual orientation

The petitioners contended that forced conversion at the instance of the medical practitioners create several physical problems to the community and that there are no guidelines prescribing such conversion, and hence asked for the Government of Kerala to frame guidelines.

In an affidavit, as response, the Kerala State Mental Health Authority stated that it did not receive any complaint in the past about 'Conversion Therapy' in Kerala. The respondent also put on record that no therapy has been approved or proven effective for such gender conversions and that there are no guidelines. 

Articulating that Section 95 of the Mental Healthcare Act prohibits a few procedures, the respondent stated Conversion therapy though unscientific is not on the list of prohibited procedures and regulation by statutory bodies alone cannot stop the practice of 'conversion therapy' in the State.

The court held that an expert committee should be constituted to study this issue. Based on the study report, the government should frame guidelines and produce the same before this Court within five months with due consultation with Queerala. The matter will be heard by the court on May 18, 2022.

Image: AP, ANI