Kerala HC Orders Production Of Transwoman Allegedly Being Forced To Undergo 'Conversion Therapy', Restrains Any Surgeries On Her Till Then

The Division Bench comprising Justice Amit Rawal and Justice Easwaran S. ordered to produce Elida Rubielle before the Court on Monday. The Court also directed that no surgeries should be performed on her in the meanwhile.

The petition has been moved by Elida's friend. The plea states that after the trans woman's identity was revealed, her family mentally and verbally abused her. At this point, she contacted Dhisha NGO which filed a complaint on her behalf before the Palarivattom police station.

As per the plea, the police asked Elida and her father to come to the station. Elida disclosed everything to the police in front of her father. However, the police without conducting an enquiry, asked Elida to go back with her father.

The plea further stated that Elida was taken to Amrita hospital and was forcefully made to sign some consent papers. She informed the petitioner that she apprehends that she would be forced to undergo conversion therapy. It is further alleged that the Head of Department of Psychiatry of Amritha Hospital threatened that she will label Elida as mentally ill if she tries to get a discharge.

The Supreme Court in Nalsa v Union of India had recognized transgender as a gender identity and held that self-defined gender identity is integral to a person and is one of the most basic features of self-determination, dignity and freedom.

The High Court has earlier ordered to take stringent action against forced conversion therapies.

The plea stated that conversion therapy is an unscientific practice. It said, “Conversion therapy is an unscientific pseudo medical practice which attempts to "convert” the sexual orientation of queer people into a heterosexual orientation as well as pressurize them to do forced marriages. “

The plea is moved by Advocate Dhanuja M. S.

Case Title: Adithya Kiron v Station House Officer and Others

Case Number: WP (Crl.) No 704/ 2024