INTRODUCTION
In a significant legal development, the Madras High Court on February 3, 2024, raised its voice of strong objection to the National Medical Commission (NMC) for using the term “gender identity disorder” in its medical curriculum. Justice N Anand Venkatesh pointed out that members of the LGBTQIA+ community are natural, and their gender identities and sexual orientations cannot be termed as “disorders.” The court’s observations reflect the struggle for inclusion and dignity of LGBTQIA+ persons in India’s medical and educational systems.
BACKGROUND
The controversy surrounding the NMC’s medical curriculum is based on its archaic classification of gender and sexual diversity. The LGBTQIA+ community has always fought against medical mischaracterization and was also subject to pathologization and discrimination within healthcare settings. In 2021, Madras High Court made significant strides for the cause of LGBTQIA+ rights when it directed educational institutions and professional bodies to delete content that contained discriminatory information. With international medical standards, such as the World Health Organization (WHO), de-classifying gender identity as a mental disorder, the pressure mounts for a renewed and comprehensive syllabus within India.
KEY POINTS
- Objection to the Term “Gender Identity Disorder”: Justice Anand Venkatesh has condemned the NMC for continuing to use archaic and discriminatory language. He further added that it is a step backward in thinking and belittles the judicial efforts towards inclusivity when one uses the term “gender identity disorder”.
- Defective Rationale of NMC: The NMC stood its ground claiming that discussions in relation to homosexual topics and sexual orientation already formed a part of school curriculum; Justice Venkatesh disapproved the reasoning citing a world far removed from Indian classrooms in this respect; schools ostracized talking of the same making it paradoxical not to expose these discussions when one sought the role of becoming a doctor, a member opined. Lack of implementation: The court expressed disappointment that the NMC had not embraced progressive changes by a committee in 2022. These suggested changes would have avoided stereotypes and included human rights principles and scientific understanding in its education.
- Failure to Act on Conversion Therapy: Justice Venkatesh pointed out that the NMC has still not declared conversion therapy to be a professional misconduct, although the court had made an order in this regard much earlier. Conversion therapy is a pernicious practice to “cure” LGBTQIA+ people. The medical and psychological communities have largely denounced such practice. The court emphasized the amendment of regulatory provision to add such a prohibition.
- Lack of Notification on 2023 Regulations: The court also noted that the NMC has not notified the new regulations brought into effect in 2023, which were to bring medical education in line with progressive legal and medical standards. The delay has raised questions over the commission’s intent to change.
RECENT UPDATES
To address these problems, the state government of Tamil Nadu informed the court about all its efforts it was making in the support of transgender and intersex people, along with other LGBTQIA+. The state proposed two different welfare policies. The justice questioned why the state wanted separate policies; he said they need a common framework that allows every individual the right to opportunities without any gender or sexual discrimination. It ordered the Tamil Nadu government to prepare a report in the matter where they would place challenges that hinder its implementation with an integrated policy. The matter would be discussed and further ordered at the February 17, 2024 date.
CONCLUSION
The comments from the Madras High Court provide a way out of building biases against LGBT+ people into institutions in education practices. It is by challenging old terminologies and questioning systemic failures that the court has reaffirmed the importance of inclusivity and respect in both legal and medical spheres. Whether the NMC and other regulatory bodies will take necessary corrective measures will be decided at the February 17 hearing. This case highlights the continuous struggle for LGBTQIA+ rights in India, and change is required-proactive enough to provide dignity, acceptance, and equal treatment for all.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
WRITTEN BY: SHIVRANJNI
