Queerala v. State of Kerala

The Bench relied on the affidavit submitted by the State Government of Kerala, which addressed pertinent sections of the Mental Healthcare Act of 2017. According to the submissions, Section 3 of the Mental Healthcare Act of 2017 dictates that the determination of mental illness relies on globally recognized medical criteria, including the latest edition of the World Health Organization's International Classification of Diseases. Since homosexuality isn't classified as a disorder according to these standards, any effort to treat or cure it is regarded as unlawful.[3][4]

The submissions also highlighted that Section 89 of the Mental Healthcare Act permits involuntary admission to a mental health facility for individuals with severe mental illness, but only when they display behaviors like self-harm, violence towards others, or an inability to care for themselves. This provision effectively excludes involuntary admission for 'conversion therapy.'[3][4]

Furthermore, the submissions observed that while Section 95 of the Mental Healthcare Act outlines prohibitions against specific procedures, 'conversion therapy,' despite lacking scientific basis, is not explicitly mentioned among the prohibited practices. Although State Medical Councils have the authority to restrict unscientific treatments, many counselors and psychologists operate without regulation from these bodies. This underscores the necessity for a broader effort to prevent the practice of 'conversion therapy' in the state of Kerala.[3][4]

The Bench also relied on the study report submitted by the Indian Psychiatric Society (Kerala). The submissions noted that the application of conversion therapy, aimed at altering the sexual orientation, gender identity, or gender expression of queer individuals, can only be interpreted as unauthorized and forceful attempts. It emphasized that conversion therapies lack scientific evidence, approved treatment protocols, and often result in significant psychological distress and trauma, reinforcing harmful internalized attitudes irreversibly.[3][4]

The submissions acknowledged that queer individuals, who already face vulnerabilities due to stigma, bullying, family, and societal pressures, might seek assistance from mental health professionals. These professionals can help address associated problems through pharmacological and non-pharmacological therapies. The submission observed that queer individuals or their families may grapple with questions related to gender identity or sexual orientation, prompting them to approach mental health professionals for guidance on issues like suicidal ideation or relationship conflicts. These issues can be resolved through clinical diagnosis and treatment plans that acknowledge and accept the individual's gender identity or sexual orientation.[3][4]

Finally, the submission recommended government policies, guidelines, written protocols, and formalized treatment plans to empower qualified professionals to provide clinical intervention while maintaining professional judgment. This approach aims to prevent misuse by those with vested interests attempting to curtail individual rights.[3][4]

The Bench concluded that the creation of a guideline concerning conversion therapy is imperative. Accordingly, the Bench issued a directive to the State Government of Kerala to thoroughly investigate this matter. If found necessary, the State Government is mandated to establish an expert committee tasked with examining this issue. Subsequent to the assessment, the State Government should develop a guideline based on the conclusions of the study and present it to the Court within a span of 5 months. The Bench further instructed the State Government to engage with a representative from Queerala and other stakeholders before finalizing the guidelines.[1][2][3][4]

Additionally, the bench noted that if the petitioners' allegations of involuntary conversion therapy hold true, it becomes essential to take stringent actions, and accordingly instructed the State Government of Kerala to conduct a thorough investigation.[1][2][3][4]