Strict action against forced conversion of LGBTIQ community: Kerala HC

Kochi: Stringent action should be taken against any forced conversion of sexual orientation or gender identity and expression of persons of the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) community, the Kerala High Court said and directed the State to frame guidelines for such procedures. The High Court said if medical conversion therapy was […]

Kochi: Stringent action should be taken against any forced conversion of sexual orientation or gender identity and expression of persons of the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) community, the Kerala High Court said and directed the State to frame guidelines for such procedures.

The High Court said if medical conversion therapy was possible, then guidelines for the same were necessary and directed the Kerala government to look into the matter and if necessary, constitute an expert committee to study the issue.

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“Based on the study report, respondent 1 will frame a guideline and produce the same before this court within five months,” Justice PV Kunhikrishnan said and listed the matter for further hearing on May 18, 2022.

The court said that on the next date the government should place the guidelines on the record.

The court was hearing a plea by Queerala an Organisation for Malayali LGBTIQ Community and a “transman” who claimed to be a victim of forced conversion therapy, who sought a declaration that any form of forced conversion therapy or treatment of people belonging to LGBTIQ community “was illegal, unconstitutional and a violation of their fundamental rights”.

The petitioners have alleged that there is forced conversion at the instance of the medical practitioners and that it creates several physical problems to members of their community as there were no guidelines prescribing such conversions.

The state government conceded that there were no guidelines, but said that it has not received any complaints that there were forced conversions as alleged in the writ petition.

It told the court that if there were any such forced conversions, then they were illegal and appropriate steps would be taken.

After hearing both sides, the judge said, “If there is forced conversion as alleged by the petitioners, stringent action should be taken. This is a matter to be looked into by respondent 1. According to me, a guideline is necessary in this regard for conversion therapy, if medically it is possible.”

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