A state in India is the first in the country to outlaw conversion therapy after a hearing in High Court on LGBTQ+ rights. The court made its decision after looking at the case of a lesbian couple who faced harassment from the police upon a report issued by their parents. The couple, aged 22 and 20, fled homes after facing rejection and abuse from their families. The couple shortly appealed to the High court to drop the investigation and charges involved.
The case and reporting according to Justice Venkatesh has brought to light the lack of acceptance and stigmatization around lesbian and gay couples. Justice Venkatesh, from Tamil Nadu, India, ruled out the investigation reported by the family and added further reforms to reorganize and structure the rights of LGBTQ+ in the state. The justice discussed his own prejudice and shared with the court that he infact consulted a transgender psychologist to overcome his own bias for the LGBTQ+ community as well as a medical doctor in order to justify evidence against discrimination of the community. Upon researching and coming to his own conclusions on the issue of discrimination, he ruled out the investigations on the basis of the couple’s consent to the relationship. He also ordered the Ministry of Social Justice and Empowerment to list LGBT+ organizations on its website and to make “suitable changes” to homeless shelters for Trans people so that they can live “a life of dignity and respect”. This momentous decision, with sent orders to the National Medical Commission, the Indian Psychiatric Society and the Rehabilitation Council of India will have the licenses of conversion therapy practitioners in the state of Tamil Nadu revoked permanently.
Justice Venkatesh also labeled a section titled “Physical and Mental Health Professionals” and has ordered healthcare professional to offer their support and solidarity to LGBTQ+ individuals who are facing stigma and discrimination from society”. The consultations with health care professionals however prohibits “any attempt to medically ‘cure’ or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cis-gender.” The justice has also set implementations in schools and universities to “educate students on understanding the LGBTQIA+ community”. This remarkable step allows the trans youth of India to change their name and gender on academic records. Furthermore, he called for the Tamil Nadu government and the Indian government to put into practice programs that bring awareness to the issues concerning LGBTQ+ youth and communities.
Closing the document, Justice Venkatesh said he will observe and recurrently follow up with several government departments and bodies to ensure his rulings are being implemented. This is huge progress when it comes to the LGBTQ+ rights pan India, but more progress needs to be made in providing dignity and respect to the community, not just writing off individual reports and investigations but establishing nationwide LGBTQ+ rights.
Source: Kelleher, Patrick. “Indian Judge Bans Conversion Therapy and Demands ‘Respect’ in Sweeping LGBT+ Ruling.” Pink News, 9 June 2021, www.pinknews.co.uk/2021/06/09/india-tamil-nadu-conversion-therapy-ban-lgbt/.