Chennai : The Madras High Court has strongly criticized the National Medical Commission (NMC) for including the term “Gender Identity Disorder” in its proposed medical curriculum.
Key Observations by the Court:
- Justice Anand Venkatesh emphasized that LGBTQIA+ individuals are not suffering from a disorder but are naturally created as they are.
- The court rejected NMC’s claim that schools already teach about homosexuality and related topics, stating: “Which school is teaching this? In fact, in schools, words like homosexuality are considered bad words. I’m stunned.”
- The court pointed out that if scientific institutions like the NMC hesitate to educate on gender and sexuality, schools cannot be expected to do so either.
Conversion Therapy & Medical Ethics
- The court took note of NMC’s delay in including conversion therapy as professional misconduct.
- The 2023 regulations, which were supposed to ban conversion therapy, are currently on hold, leaving the 2004 regulations in force.
- The court suggested immediate amendments to existing rules to prohibit conversion therapy until new regulations are finalized.
Draft Policies on Transgender Rights
- The Tamil Nadu government informed the court that it is finalizing separate policies for:
- Transgender and intersex individuals
- Other members of the LGBTQIA+ community
- The court expressed concerns that separate policies might further segregate transgender persons rather than include them.
- The state was asked to submit both policies along with a note on potential difficulties for further discussion.
Next Steps:
- The case has been adjourned to February 17, 2025, when the court will review the transgender policy proposals and NMC’s revised curriculum.
- The court aims to ensure that future policies are legally sound and inclusive, preventing further litigation.
This ruling is a significant step in ensuring LGBTQIA+ rights and inclusivity in India’s medical and educational policies.
