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

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

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

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

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

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

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

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

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

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

Image: AP, ANI