Deal with forced conversion of LGBTQI community members harshly, form guidelines: Kerala HC

According to Justice P V Kunhikrishnan, based on the research report, respondent one would draught a guideline and submit it to this court within five months. He scheduled a follow-up hearing for May 18, 2022.

The Kerala High Court has said that any forced conversion of sexual orientation or gender identity and expression of members of the Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer community should be dealt with harshly, and has directed the state to develop guidelines for such procedures. The high court stated that if medical conversion treatment was viable, rules were required and asked the Kerala government to investigate the problem and, if necessary, form an expert committee to explore the issue.

According to Justice P V Kunhikrishnan, based on the research report, respondent one would draught a guideline and submit it to this court within five months. He scheduled a follow-up hearing for May 18, 2022. The court ordered that the guidelines be placed on the record at the next hearing. The court was considering a petition from Queerala, a Malayali LGBTIQ community organisation, and a "transman" who claims to be a victim of forced conversion treatment. He has asked the court to rule that any type of forced conversion therapy or treatment of LGBTIQ community members is "illegal, unconstitutional, and a violation of their fundamental rights."

The petitioners claim that forced conversion occurs at the request of medical practitioners, causing a slew of physical issues for members of their community because there are no norms mandating such conversions. The state administration admitted there were no rules but claimed that it had received no complaints of forced conversions, as stated in the writ action. It informed the court that any such forced conversions were unlawful and that appropriate action would be taken.

In addition to seeking a ruling that forced conversions were unconstitutional, the petition asked the court to require the state government to take the appropriate steps to prohibit forced conversion therapy. The petition also asked the court to order the state to create a mental health policy that makes any conversion treatment by medical practitioners or mental health facilities unlawful.