Lesbian Couple Moves Kerala High Court Against Forced Conversion Therapy; Seeks Action Against Hospital Authorities & Formulation Of Guidelines

The second petitioner alleged that her partner, the first petitioner was subjected to forceful and illegal treatments at Manohar Hospital, Kozhikode by injecting drugs and medicines against her will claiming that she is mentally disordered.

The single bench of Justice Devan Ramachandran has issued notice to the hospital authorities and will be hearing the matter after two weeks.

The petitioners are lesbian partners who have been in a relationship for the last more than three years and are residing together now. The petitioners belong to the Muslim community and their families were against their relationship. The petitioners alleged that their parents and relatives physically and mentally abused them and took coercive steps to separate them.

The plea stated that their parents filed a man missing case and FIR was filed, and they were summoned before the Court. Further, it stated that after hearing the parties, the Judicial First-Class Magistrate Court permitted the petitioners to reside together.

The plea stated that the 1^st petitioner was illegally detained by her parents and the 2^nd petitioner had approached the High Court (WP (C) No. 555 of 2023). That writ petition was disposed of since the 1^st petitioner submitted before the Court that she was not under illegal detention. The petitioners now allege that the 1^st petitioner was subjected to medication while she was produced before the Court and was unable to perceive things clearly.

The petitioners allege that the first petitioner was subjected to conversion therapy in Manohar Hospital, Kozhikode and was treated by doctors against her will. It was alleged that the doctors claimed that homosexuality was a sin and could be cured by medicines. “These mode of operation implemented by the hospital authorities were clear cut violations of Mental Health Act and fundemental rights of the petitioner envisaged by Constitution of India”, stated the plea.

The plea stated they have preferred a complaint against the Indian Psychiatric Society against the hospital for subjecting the first petitioner to illegal conversion therapy and unhuman medical practices. “The practice of conversion therapy is not scientific and against the fundamental rights of the individuals. Conversion therapies are illegally practiced on people against their will. Hence liable to declared unconstitutional and violative of fundamental rights”, stated the plea.

It was alleged that many hospitals without registration under the Mental Health Act were subjecting persons like the petitioners to conversion or corrective treatments under the guise of psychiatric treatment out of family pressure.

The petitioner alleged that she was not informed about the medicines given to her and was forcefully subjected to conversion therapy. The petitioners also rely upon various medical studies to state that conversion therapy was unscientific and illegal.

They have thus approached the Court seeking a direction to declare conversion therapy or any form of forced treatment or medical practice to change sexual orientation, gender identity and gender expression of people as illegal, unconstitutional and violative of fundamental rights guaranteed by the Constitution. They also seek formulation of mental health guidelines making such conversion therapies illegal. The plea also seeks appropriate action against the hospital authorities for subjecting the petitioner to forced conversion treatments.

The plea is moved by Advocates Aneesh K R, Santhi P S, Saurav B, Lia George

Case number: WP (C) No. 11329/ 2024