CONVERSION

THERAPY IN
INDIA
By Anoushka Srivastava, VSLLS, VIPS
 LGBTQAI+ Conversion Therapy

The British laws against homosexuality have been a lasting legacy. They have plagued numerous countries across the
globe with homophobia and the case of India is no different. Under a colonial era legislation passed in the year
1861(Section 377 of IPC) , homosexuality was criminalized in our country. This law negatively influenced the
perception and acceptance of people belonging to non-heterosexual communities. Homosexual behaviour started
being viewed as ‘abnormal’ or something that needed to be ‘cured’ . This belief has continued to this day.

Post the repealement of the aforementioned law in 2018, the Indian Psychiatric Society unequivocally declared that
homosexuality is not a mental disorder. The society also stated that “any attempt to treat a person to change sexual
orientation or gender identity is unjustifiable and illegal”

Despite this LGBTQAI+ Conversion Therapies have continued and no radical change has been observed in the
mindset of the general population whose ideology about sexual orientation and sexual identity is still rudimentary.
In their view an individual who is not heterosexual can be and needs to be cured. This ‘correction’ of the sexual
orientation of people belonging to the LGBTQAI+ community is the main aim of conversion therapy.

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 S Sushma Vs Commissioner Of Police: Madras HC

In the case of S.Sushma Vs Commissioner of Police, a lesbian couple had run away from their hometown. Their parents were
strictly against their relationship and had filed a missing complaint. When the girls felt that their safety and security might be
compromised during the entire process, they filed a writ petition. Post the rounds of counselling it became evident that the girls
were two consenting adults who were well aware of what they had done and had immense love for one another. It was the
parents however who even after the second round of counselling did not favour their relationship.

Before giving any judgement, Honourable Justice N.Anand Venkatesh decided to understand this matter in greater depth since
it was a sensitive topic.

It was in this case that Honourable Justice N.Anand Venkatesh of the Madras High Court issued orders for a BLANKET BAN
ON CONVERSION THERAPY of individuals belonging to the LGBTQAI+ Community.

The Court Categorically declared that “any attempts to medically cure or change the sexual orientation of LGBTIQA+ people
to heterosexual or the gender identity of transgender people to cisgender is prohibited”. It was declared that strict action would
be taken against any medical practioner involved in conversion therapy including seizure of licence to practice.

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The Ratio Decidendi of the case:
The interpretation of Article 15 of the Indian Constitution should include sexual orientation of an indivual within its ambit. In the
language of Article 15(1), the term ‘sex’ implies not just the physical attributes but also one’s sexual identity, characteristics and
orientation.
Further, Article 21 of the Indian Constitution ensures an individual's autonomy in taking decisions in the personal life. This should
include a person’s sexual identity,orientation as well as choice of partner. Article 21 should thus guarantee an individuals sexual
autonomy and freedom of expression.
Besides, a series of studies conducted across decades has successfully established that homosexuality is NOT a MENTAL
DISORDER.

While issuing the order for a blanket ban on conversion therapy, Honourable Justice N.Anand Venkatesh also made reference to a
report filed by Dr. Trinetra Haldar Gummaraju, a transwoman and medical practitioner, who wrote about the abusive and
prejudicial behaviour meted out to the LGBTQAI+ Community in the medical field.

Besides the ban on Conversion Therapy, he also issued guidelines for certain changes in the field of education including
alteration/elimination of discriminatory terms against the Queer community.Guideleines for police and prison authorities were
also issued to prevent harassment of queer individuals and several steps were taken to create awareness about the community.

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 Why do we still have the problem? What is lacking?
Homosexuality has been decriminalised and it has been clearly stated that being non-heterosexual is not a mental disorder.
Yet, there isn’t enough awareness about the queer community as also admitted by Honourable Justice N.Anand Venkatesh of
the Madras High court. He stated that before giving any judgement on the matter pertaining to individuals belonging to the
LGBTQAI+ community, he decided to gain deeper understanding of the subject and the community. Even educated
individuals holding high offices in the parliament, executive and judiciary are not completely aware of the nuances of the
queer community and some often end up consolidating the age old stigma.
The judgements passed are indeed milestones in the journey of gaining respect and recognition for the queer community but
there is clearly a need for proper legislation on this subject. Despite the recent judgement of the Madras HC for ban on
conversion therapy there are still many medical practitioners undertaking such activities in the said state itself.
Besides, without proper legislation against the issue of discrimination against the queer community and conversion therapy
there will continue to be a lack of general awareness. Medical practitioners can still be restrained from performing
conversion therapy but other means such as religious and psychological techniques will prevail. These can be traumatising
for the individuals.
In most cases it is the parents who are responsible for forcing the individual into conversion therapy, either in lieu of the
family’s repuation of because they feel that being non-heterosexual is some sort of mental illness. A single judgement cannot
change such views that have being manifested in the minds of lay people since decades. Consistent and prolonged efforts are
required to destigmatize non-heterosexual behaviour.

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 Screenshots of Findings

India’s sodomy ban, now ruled illegal, was a British

colonial legacy

Conversion Therapy in India: In Light of Sushma v.

Commissioner of Police
By: Jayalakshmi Sankar Madras HC reaffirms ‘queerphobia’, calls for revamp of
medical education, Hindustan Times

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 Screenshots of Findings

‘Cure therapy’ ban to training for police: Madras HC reaches

out to LGBTQ, The Indian Express

Explainer: As Madras HC prohibits conversion therapy,

a look at history of traumatic 'cures' for queer
individuals, by Firstpost LGBTQ+ conversion therapy in India: how it began and why it
persists today by Rianna Price
PhD Candidate in History, Lancaster University

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 How do you address the problem?

As mentioned earlier, the only ways to overcome the issue of conversion therapy, not just medical but religious too is to create
awareness and implement laws stringently. Not just implementation of former laws, amendments and judgements but new
legislations are also needed to redress the issues of the queer community. From changes in textbooks of educational
institutions to alteration of discriminatory terms in medical practice, a wide array of steps are necessary.

The decriminalisation of homosexuality or a ban on conversion therapy or just stating that homosexuality is not a mental
disorder is not enough. Penalties are needed for people who discriminate against individuals based on their sexual identity and
orientation. A system has to be devised so that members of the queer community can move the court when subjected to
discriminatory practices or traumatizing experiences such as conversion therapies since these are evidently a violation of the
fundamental rights of an individual.

Greater media coverage is needed for issues of the non-heterosexual community, not just on the internet but on the
newspapers and especially televisions. Televisions are still the major source of news and information for a large section of the
Indian population, specially the less educated ones who desperately need access to such information.

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 Conclusion

There is indeed no simple formula that can be used to eradicate this evil from the Indian society as well as the global
community. Consistent efforts will be needed to bring about change. The contemporary scenario is such that even straight
women are struggling to get their rights. In such a situation the quest for recognition and respect for the queer community
seems difficult. Nonetheless with a judicial system comprising judges like Honourable Justice N.Anand Venkatesh of the
Madras HC and NGOs as well as individuals trying to understand and generate awareness about the LGBTQAI+ community
progress is expected.

The most challenging aspect of eradicating conversion therapy in particular is to convince parents and ignorant people who
push individuals into such inhumane experiences. Keeping a close eye on all medical practitioners is also one of the major .
challenges. As seen in the case of female infoeticide, the practice has been banned in the country yet somehow continues to
be practiced in a latent form. Besides, conversion therapies performed on individuals by family members within the confines
of the home will go unidentified.

In conclusion, the judgement of the Madras High court for a blanket ban on conversion therapy is a revolutionary step that
has generated immense awareness about the community. It is thus expected that this abhorrent practice will be curbed at least
partially which is a great achievement in itself.

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THANK YOU