[Transgender Rights] Queerphobia being reaffirmed even in medical courses; need to revamp MBBS course: Madras High Court

Medical courses in India reaffirm queerphobia and discrimination against LGBTQIA+ communities, the Madras High Court observed on Tuesday, while calling for necessary changes to the medical curriculum.

. Justice N Anand Venkatesh said that various treatment methods adopted by medical professionals with respect to transgender persons are nothing but forms of "conversion therapy" camouflaged as medical and mental health support.

. "This lack of knowledge on the part of the concerned psychiatrist is directly attributable to the course that was undergone by him and which is yet to be revamped and brought up to date....Queerphobia is being reaffirmed as legitimate throughout the education of a doctor who might go on to become a psychiatrist or any physician who might be approached by a person from the community," the Court observed.

. The judgment was rendered in a plea by a lesbian couple seeking protection from their relatives.

. The Court had on June 7, had suggested comprehensive measures to sensitise society and various branches of the State including the police and the judiciary to remove prejudices against the LGBTQIA+ community and to ensure that they are brought into the mainstream of society.

. To this end, the Court had also suggested that changes be made to curricula of schools and universities to educate students on understanding the LGBTQIA+ community.

The Court further ordered strict action against those found to be indulging in attempts to cure/change sexual orientation.

. When the matter was heard on Tuesday, the Court adverted to the report submitted by Dr. Trinetra Haldar Gummaraju, which stated that currently, for undergraduate students studying Forensic Medicine as part of the MBBS course, the medical curriculum describes sodomy, lesbianism and oral sex as sexual offences, and 'transvestism' (cross-dressing) as a 'sexual perversion'.

. "As important as it is for an advocate or a judge to take up a client’s case or to decide the case, as the case may be without being personally judgemental about them, it is equally or even more important for a professional from the medical and mental health professionals’ fraternity to be non-judgemental and free of moral or personal prejudices about their patient’s or client’s identity on the gender spectrum or their sexuality," the Court opined.

. Knowledge about a patient’s gender identity and sexuality may be of interest to a doctor, physician or a mental health professional if it is pertinent in cracking the course of treatment. But the course of treatment cannot be one which aims to “cure” such gender identity or sexuality itself, the Court underscored.

. In this regard, the Court also referred to an example of a prescription that was given by a psychiatrist to a gay man. The doctor had prescribed two medicines, namely Stimuli Capsule and Fluoxet capsule for 15 days. That apart, the doctor had also referred the concerned person to a psychotherapist for Cognitive Behavioural Therapy.

. "This sample case clearly exhibits the ignorance on the part of the Doctor who is not even aware that there is no “cure” for gender identity. These are ways and means adopted by professionals under the guise of conversion therapy," the order said.

. Prescribing anti-depressants and erectile dysfunction drugs to a person and referring them to cognitive behavioural therapy as a “remedy” to their gender identity and sexuality is nothing but conversion “therapy” camouflaged as medical and mental health support, the Court reiterated.

. This lack of knowledge on the part of the concerned psychiatrist is directly attributable to the course that was undergone by him and which is yet to be revamped and brought up to date, the Court added.

. The Court, therefore, proceeded to direct the Additional Solicitor General to bring these issues to the attention of National Medical Commission and Indian Psychiatric Society and to direct them to file a report as to how they are going to handle this issue in the future by carrying out necessary changes in the curriculum.

. Court orders police to ensure LGBTQIA+ persons, NGOs are not harassed . The Court was also appalled over submissions that LGBTQIA+ persons and NGOs aiding the community are often refused protection by police officers and even harassed.

. Justice Venkatesh noted that an often cited excuse to shun LGBTQIA+ persons is the “lack of an internal circular” or a notification. However, the larger reason was the sheer lack of awareness and apathy towards the community, the Court said.

. “ This Court in its earlier Order already observed that ‘lack of awareness can be no excuse to any form of discrimination’ , and the absence of internal communication and hierarchical orders is no excuse to deny protection to the community that is vulnerable, susceptible to threat and harassment. What has been built by the State as a source of protection to the public cannot become the end from which they need protection ”, the Court emphasised.

. The State Public Prosecutor assured that these concerns would be communicated to the Director General of Police so the steps are taken to create awareness. Adding to this, the Court also issued the following directions:

. The Police department is to refrain from harassing activists and people belonging to NGOs, not just the people who belong to the LGBTQIA+ community.

A specific clause is to be added in the Police Conduct Rules specifically providing that any harassment by the police, to the persons belonging to the LGBTQIA+ community and/or to the activists and NGO workers, will be treated as misconduct and will entail a punishment for such misconduct.

While conducting sensitisation programs for the Police, it must be conducted through the persons belonging to the community and/or the activists and NGO workers who are involved in this cause.

. Addressing the Advocate General of the State, the Court added,

“ The State of Tamil Nadu is always known for introducing reforms in the interest of persons belonging to the marginalized communities and sects and therefore, this State must be a role model to create a favorable atmosphere to persons belonging to the LGBTQIA+ Community. This Court is confident that the State Government will work towards the recognition and development of persons belonging to the community and they will be brought within the mainstream of the society. The expectation of this Court must be kept in mind by the State Government while filing the compliance/status report before this Court ."

. Insensitivity in media reports ridiculing LGBTQIA+ community cannot be normalised . The Court further condemned incidents of misreporting and insensitivity demonstrated by the media in publishing “news” about persons belonging to the LGBTQIA+ community.

. In one report, it was noted that (loosely translated from Tamil) a reference was made to a “woman disguised as a male” and in another, a person was referred to as “being a female, converted herself into a male for the sake of her partner.”

. Mincing no words, Justice Venkatesh empahasised,

“Media’s insensitive commentary and ridiculing with dramatic words, music on “reporting” though not new to our society, cannot be normalised. The reportage of the most intimate and personal aspects of an individual’s identity by the contemporary vernacular media is deeply problematic and it not just reflects the pre-existing harmful stigmatization of the community, but also perpetuates it. Stigmatising, inaccurate and inherently unscientific phrases … are rooted in queerphobia and cannot be tolerated or entertained any further. It is high time journalists stick to sensitive and inclusive terms on the gender spectrum.”

. The Court, however, refrained from giving any positive directions for the present observing that such directions may “ unwittingly trench upon the freedom of press .”

. Justice Venkatesh confined to appealing that the media show more sensitivity in reporting on such matters

. “ This court always believes that in so far as press and media are concerned, it is always better to request them to exercise self- restraint … The press will have to play a major role in spreading awareness through sensitive reporting of cases. The choice of words ultimately should not demean the persons belonging to the Community. This Court reposes confidence on the press and expects the press to show more sensitivity while reporting cases and maintain the confidentiality of the identity of the persons involved in a news item ”, the Court said.

. On a parting note, the Court observed that the order and guidelines passed earlier on June 7 have already created a lot of awareness that that it is necessary to carry on with this momentum to " create a congenial atmosphere for the persons belonging to the LGBTQIA+ Community by accepting them as they are ."

. The Court added that it expected the State and the Central governments to give more priority to this issue and come up with positive actions on their part as well.

. The matter will be taken up again on October 4 at 2.15 pm.

. [Read Order]

[Transgender Rights] Queerphobia being reaffirmed even in medical courses; need to revamp MBBS course: Madras High Court

Bar & Bench

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