Kerala High Court comes to the aid of transwoman forced to undergo conversion therapy

The Kerala High Court recently came to the aid of a 19-year-old transwoman who was allegedly detained and forced to undergo conversion therapy at Amrita Hospital in Ernakulam [Adithya Kiron v. The Station House Officer & Ors.]..A Division Bench of Justices Raja Vijayaraghavan V and PM Manoj held that transwoman has the right to choose how she wishes to live. The Bench also noted the claim by the woman that she was being subjected to violence by her natal family and was being forced to suppress her desire for self-determining her gender identity. "It is for the said reason, that she has expressed her desire to live on her own. We are of the view that the choice and desire expressed by her needs to be respected and she should be permitted to live her life on her own terms," the Court held while setting her at liberty. .The judgment was passed on a petition moved by a friend of the woman alleging that she was being subjected to physical and mental torture by her family on account of her gender identity.The petitioner said that the transwoman had been subjected to abuse by her parents and sister ever since she disclosed her gender identity to them. The petitioner also cited instances where the transwoman reached out to NGOs and even the police seeking help.Based on WhatsApp messages purportedly received from her after she was taken to Amrita hospital, the petitioner alleged that she was being detained, physically abused and starved.The petitioner further claimed that the detenue had sent him an audio recording of the head of the psychiatry department of the hospital threatening her that they would label her as mentally ill if she tries to get herself discharged from the hospital. .Last week, the Court ordered the transwoman and her parents to appear before it. Pursuant to the same, they appeared on July 1 and the the Court interacted with them. The woman categorically stated that while assigned male sex at birth, she now identifies as a transwoman. She reiterated all the allegations her friend, the petitioner, had made but added that she was also administered medication without her consent. Pertinently, she told the Court that she has chosen to reside at a specific shelter home in Ernakulam and that she does not wish to return to her family residence. .The parents and the sister told the court that while they have no objection to the detenue expressing herself in the manner she desires, they are concerned about her safety and mental health. The Court, in its judgment, recorded their submissions in this regard."We also wish to note the submission of her parents that the doors of their home will always remain open to her. They have further requested that, as Ms. X is facing issues related to gender dysphoria, she be allowed to consult a doctor of her choice. They also stated that if Ms. X chooses to undergo any treatment, they shall finance the same, as at present, Ms. X is unemployed and on her own," the judgment stated. .The petitioner was represented by advocate Dhanuja MS..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.