While going through the newspaper today, I came across the term ‘Queerphobia’. Its meaning in literal terms is fear(phobia) of Lesbian, Gay, Bisexual, Transgender, Queer communities. This is generally known as the LGBT+ community. The news was regarding a court case in Madras High Court.
Recently Madras High Court(HC) came down heavily on conversion therapies employed by medical professionals to purportedly cure non-normative gender and sexual identities of persons belonging to the LGBT+ community. HC also issued notice to the National Medical Commission and the Indian Psychiatric society on how the two medical bodies would help prevent this from happening.
The court was hearing a writ petition filed by same-sex couples seeking protection from harassment by the police and their families.
In an unprecedented move, the judge had sought counseling on LGBT issues before passing an earlier order, which also directed the police to ensure that other adults in consenting same-sex relationships are not subjected to similar harassment by the police.
The learned judge referred to a report filed by Dr Trinetra Haldar Gummaraju, a transwoman, and said that “queerphobia” – prejudicial and abusive attitudes and behaviours directed at the LGBT community – was rampant in medical education.
Gummaraju’s report stated that the curriculum of undergraduate forensic medicine described “sodomy”, “lesbianism” and “oral sex” as sexual offences, and “transvestism” (cross-dressing) as a “sexual perversion”. The court observed that such material reflected queerphobia and added that it was important for the medical and mental health fraternity to be “non-judgmental and free of moral or personal prejudices about their patient’s identity on the gender spectrum or their sexuality”.
“Knowledge about a patient’s gender identity and sexuality may be of interest to a doctor, physician, and a mental health professional if it is pertinent in cracking the course of the treatment, but the course of the treatment cannot be one which aims to cure their gender identity or sexuality itself,” the court said.
“Prescribing anti-depressants, erectile dysfunction drugs and sending a person to cognitive behaviour therapy as “remedy” to their gender identity and sexuality is nothing but conversion therapy camouflaged as medical and mental health support.”The court further directed the Additional Solicitor General to bring this to the notice of the key medical institutions to revamp the curriculum in the MBBS course.
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 LGBT+ community and/or to the activists and NGO workers, will be treated as misconduct and will entail punishment for such misconduct, the court said, adding that the police department must conduct sensitisation programmes involving members of the LGBT community, as well as social workers and activists working in this field. It further directed that the police not harass NGO workers who provide support to members of the queer community.
One of the excuses given by the police authorities while shunning these persons is the lack of an internal circular issued by the higher authorities of the Department, the court said. Evidently, the larger excuse seems to be the sheer lack of awareness and the apathy towards arming themselves enough to fight for a community of public belonging to the citizenry of this nation, to whom they swore to be servants.
The HC also recalled its earlier order which had observed that lack of awareness can not be an excuse for 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.
After the earlier hearing, in this case, the learned judge had issued directions to state and central agencies such as the NCERT, the Education Department, National Medical Commission, Union Minister of Social Justice and women and child development, and even the state home department. The court had directed them to frame guidelines that recognises the rights of the LGBT+ community to ensure their safety and security.
In the recent hearing, the HC heard the compliance reports submitted by various state and central departments and commented that it is necessary to carry on with this momentum and create a congenial atmosphere for the persons belonging to the LGBT community by accepting them as they are. It is expected that the State and the Central Govt give priority to this issue.
The HC also pulled up news media for insensitive commentary, ridicule, and sensationalising of the lives of LGBT+ people. It is high time journalists stick to sensitive and inclusive terms and gender spectrum.
In my opinion, the law has been passed which is giving equal rights to the members of the LGBT+ community, and it is really surprising that still so many govt agencies/departments are not giving the LGBT+ community the rights they deserve as citizens of our country. I was really shocked to learn that the medical courses/education has still not accepted the members of the LGBT+ community as persons who are not suffering any ailment but they have a different sexual orientation. Still, there may be many religious and other institutions that are still not ready to accept the members of the LGBT+ community as normal people. The govt/NGOs/other agencies should educate them about the truths of LGBT+ persons.
Waiting for your views/comments.
Anil Malik
Mumbai, India
2nd September 2021
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