Plea before Kerala High Court alleges transwoman being forced to undergo conversion therapy

A habeas corpus petition has been filed before the Kerala High Court alleging that a 19-year-old transwoman is being illegally 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 Amit Rawal and Easwaran S on Thursday passed an interim order directing the police to ensure her safety and produce her before the Court on July 1.The order also restrained the transwoman's family from subjecting her to any surgery or therapy. .The petition was moved by a friend (petitioner) of the transwoman (detenue) alleging that she was being subjected to physical and mental torture by her family on account of her gender identity. .The petitioner claimed that the detenue had approached an NGO called Dhisha on June 22 seeking help to deal with the abuse she had been subjected to by her parents and sister ever since they found out about her gender identity two years ago. She subsequently approached the police as did the petitioner with a complaint regarding the same. However, the police after interacting with the detenue and her father, refused to help her and instead forced her to go with her father, the plea alleged..The petitioner submitted that on June 25, the detenue was forcibly taken to Amrita Hospital by her parents where she was allegedly forced to sign a consent form. The petitioner added that the detenue fears that the consent form was for conversion therapy. She allegedly filed a complaint with her apprehensions with the State Social Justice department, the Kerala Legal Services Authority, and the Director General and Superintendent of Police. .Based on WhatsApp messages purportedly received from the her, the petitioner said that the detenue is being detained, physically abused and starved. The petitioner further claimed that the detenue has 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 discharged. .Relying on the judgment of the Supreme Court in the NALSA and the same-sex marriage cases, the petitioner asserted that his friend, the detenue, has the right choose her gender identity.He also underscored that conversion therapy has been deprecated by the Supreme Court as well as several high courts including the Kerala High Court in Queerala & Anr. v. State of Kerala & Ors..On these, among other grounds, the petitioner has sought a writ of habeas corpus to produce the detenue before the Court and set her free. .The matter will be considered next on July 1. .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.