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Kochi: Strong action must be taken against any forcible conversion of any sexual orientation or gender identity and expression of persons belonging to lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community, Kerala High Court has said. has directed the state to prepare guidelines. for such processes.
The High Court held that guidelines were necessary if conversion therapy is possible medically and directed the Kerala government to look into the matter and, if necessary, constitute an expert committee to study the issue .
Justice PV Kunhikrishnan said, “Based on the study report, Respondent 1 shall formulate a guideline and place it before this court within five months.” and listed the matter for further hearing on May 18, 2022.
The court said that on the next date, the government should keep the guidelines on record.
The court was hearing a petition by Querala, an organization for the Malayali LGBTIQ community, and a “transman” who claims to be victims of forced conversion therapy, who have sought a declaration that no one should be allowed to belong to the LGBTIQ community. Forced conversion into medical or treatment form was “illegal, unconstitutional and a violation of their fundamental rights”.
The petitioners have alleged that forced conversions are done at the instance of doctors and it creates many physical problems for the members of their community as there were no guidelines prescribing such conversions.
The state government admitted that there were no guidelines, but said it had not received any complaint that forced conversions were allegedly carried out in the writ petition.
It told the court that if any such forced conversions take place, they were illegal and appropriate steps would be taken.
After hearing both the sides, the judge said, “If there is an alleged forced conversion by the petitioners, then strict action should be taken. This is a matter to be looked into by the respondent. According to me, a guideline in this regard is necessary for conversion therapy, if it is clinically feasible.
The Court further said that Querla’s representative as well as other stakeholders should be heard by the government before finalizing the guidelines.
Apart from declaring that forced conversion was illegal, the petition also urged the court to direct the state government to take necessary measures to ban forced conversion therapy “which changes the sexual orientation, gender identity of a person”. To try is a harmful and widely discredited practice. and gender expression, practiced by hospitals, medical practitioners, health professionals and independent clinics within the state”.
The plea has also sought a direction to the state to frame a mental health guideline, making it illegal to practice any form of conversion therapy by physicians or mental health institutions.
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