'Conversion Therapy' as professional misconduct conspicuously absent from NMC draft Conduct Regulations 2022: Madras High Court
"The communication received from NMC shows that draft Conduct Regulations 2022, has been put in the public domain and the NMC has invited suggestions...However, the "Conversion Therapy" that was directed to be enlisted as a professional misconduct pursuant to the recommendations made by Committee, is conspicuously absent," Court said.
The Madras High Court last week observed that in the draft Conduct Regulations 2022, prepared by the National Medical Commission (NMC), only the gender-based discrimination has been included as a misconduct, and the "Conversion Therapy" has not been enlisted as such.
The bench of Justice N . Anand Venkatesh said, "This Court directed the NMC to issue necessary official notification by enlisting "Conversion Therapy" as a professional misconduct...However, the communication received from NMC shows that draft Conduct Regulations 2022, has been put in the public domain and the NMC has invited suggestions...However, the "Conversion Therapy" that was directed to be enlisted as a professional misconduct pursuant to the recommendations made by Committee, is conspicuously absent."
Taking note of the same, Court directed the Standing Counsel for NMC to take specific instructions in this regard.
Further, Court directed the counsel to take note of the suggestions given in the notes of submissions tabled by the petitioner about the conversion practices and the scope of prohibition of the conversion practices during the decision. "It can be made use of by the National Medical Commission,while finalising the enlistment of the professional misconduct for “Conversion Therapy”, Court said.
The above transpired in continuation of the earlier directions issued by the court to NMC to issue necessary official notification by enlisting "Conversion Therapy" as a professional misconduct.
Moreover, on April 8, 2022, the court had directed the State Medical Councils also to notify conversion therapy as a professional misconduct in their Rules so that there is consistency between the NMC Rules and the State Medical Council Rules.
Last week, regarding sensitization of the whole school environment regarding Transgender persons, the Senior Panel Counsel for the NCERT submitted before the court that time lines have been fixed by NCERT and conducting training for sensitization of different stake holders of school education will start from the forthcoming academic session.
The Backdrop of The Matter
On June 7, 2021 hearing a petition filed by a lesbian couple whose relationship was being opposed by their parents and they were being harassed by Police after the parents filed a missing report, the Madras High Court took cognizance of the issue and held that the issue of non-acceptance of the LGBTQA+ community required de-stigmatisation and acceptance in the eyes of the society.
Therefore, consciously refraining from adopting the usual course of disposing cases of this nature, the court issued an array of directions and framed guidelines for proper recognition of the rights of the LGBTQIA+ community and to ensure their safety and security to lead a life chosen by them.
The court directed the respective departments/authorities and institutions to implement the guidelines and file a compliance report on the next date of hearing.
Case Title: S. Shushma & another v. Commissioner of Police, Chennai Police & Ors.