The Madras high court has banned any medical attempts to ‘cure’ the sexual orientation of personals belonging to the LGBTQA+ community. The landmark judgment passed by Justice N Anand Venkatesh on a plea filed by a lesbian couple whose relationship was being opposed by their parents.
Saying LGBTQIA+ persons are entitled to their privacy and “have a right to lead a dignified existence, which includes their choice of sexual orientation, gender identity, gender presentation, gender expression and choice of partner thereof”, the court said, “This right and the manner of its exercise are constitutionally protected under Article 21 of the Constitution.”
The order further prohibits “any attempts to medically cure or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender.” Tamil Nadu becomes the first state to ban ‘conversion therapy, a widely available procedure that hospitals, as well as religious institutions, offer to change the sexual orientation of LGBT people. Professionals involving themselves in any form or method of conversion therapy will face action including cancellation of license.
Justice Venkatesh said while issuing the order, “I have no hesitation in accepting that I too belong to the majority of commoners who are yet to comprehend homosexuality completely. Ignorance is no justification for normalizing any form of discrimination. Therefore, I took upon myself the vested responsibility and the duty to deliver justice in all its forms and spirit, of cutting across personal prejudices and notions and setting forth to, at the least, educate myself lest my ignorance interferes within guiding homosexuality and the LGBTQIA+ community towards social justice.”
The court also issued guidelines for Police and schools. The court advised the police that, while inquiring into any missing person complaint, if find that the case involves consenting adults belonging to the LGBTQIA+ community, they shall close the complaint after taking their statement, without subjecting them to any harassment.
Earlier, in April 2019, Madras HC had banned forced sex selection surgeries on intersex infants.
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