'LGBT Persons Entitled To Privacy Like Other Heterosexual Persons': Kerala HC Grants Relief To Transwoman Forced Into Conversion Therapy
Manju Elsa Isac
3 July 2024 7:39 AM GMT
The Kerala High Court has come to the rescue of Elida Rubielle, a transwoman who was allegedly forced to undergo conversion therapy. It noted that the 19-year-old had made a firm decision to live separately from her parents and said the choice and desire expressed by her needs to be respected.
A bench of Justice Raja Vijayaraghavan V. and Justice P. M. Manoj observed:
“LGBT persons like other heterosexual persons, are entitled to their privacy, and the right to lead a dignified existence, without fear of persecution. They are entitled to complete autonomy over the most intimate decisions relating to their personal life, including choice of their partners.”
The Habeas corpus petition was filed by her friend alleging that she was forced to undergo conversion therapy. She had come out as a transwoman. It was submitted that she was forced to undergo conversion therapy at Amrita Hospital to change her gender identity. The Court had ordered to produce her before it.
The Court referred to the Supreme Court decision in National Legal Services Authority v Union of India that held that self–defined sexual orientation and gender identity are integral to their trangender persons and is one of the most basic aspects of self-determination, dignity and freedom. In Navtej Singh Johar v Union of India, the Supreme Court held that sexual orientation is innate to a human being
During the interaction with the court, she told that she was forcefully made to sign some forms in the hospital and was given some medicines. She said forcing to change her gender identity violates her personal autonomy, right to self-determination and freedom of choice.
Her parents informed the Court that they are concerned about their child. They said that she can come back to their house whenever she wants. They also offered to finance her studies and provide her money to consult a doctor, if she wishes to.
Counsel for Petitioners: Advocate Dhanuja M. S.
Counsel for Respondents: Government Pleader P. M. Shameer
Case No. WP(Crl.) 704/ 2024
Case Title: Adithya Kiron v The Station House Officer and Others
Citation: 2024 LiveLaw (Ker) 405
