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Evolving jurisprudence on conversion therapy: Reconsidering ethics in mental health systems
Sudarshan R Kottai1, Rajalakshmi Ramprakash2
1Assistant Professor, Department of Humanities and Social Sciences, Indian Institute of Technology Palakkad, Palakkad, Kerala 678623, INDIA.
Indian Journal of Medical Ethics
|March 22, 2023
Summary
Indian courts champion LGBTQIA+ rights using constitutional morality, yet mental health systems lag. Ethical failures persist, notably with conversion therapies and discriminatory medical education, impacting public health.
Area of Science:
- Public Health Ethics
- Legal Studies
- Psychiatry
Background:
- Indian judiciary increasingly uses constitutional morality to advance LGBTQIA+ rights post-IPC 377 decriminalization (2009).
- Mainstream mental health systems in India have ethically failed to protect LGBTQIA+ individuals, despite judicial directives for sensitivity.
- A significant gap exists between Indian mental health practices and international standards regarding LGBTQIA+ rights and ethical treatment.
Approach:
- Review of landmark Indian judicial decisions concerning LGBTQIA+ rights from 2009 to 2022.
- Analysis of professional mental health bodies' actions and inactions regarding LGBTQIA+ issues.
- Examination of policies and practices related to conversion therapies and medical curriculum discrimination.
Key Points:
- Absence of gender-affirmative guidelines in Indian mental health practice.
- Lack of punitive measures against practitioners of conversion therapies.
- Discriminatory medical curriculum perpetuates ethical concerns in mental healthcare for LGBTQIA+ individuals.
Conclusions:
- A deepening crisis in public health ethics is evident within Indian mental health systems concerning LGBTQIA+ rights.
- Urgent need for comprehensive gender-affirmative guidelines and ethical reforms in mental healthcare.
- Judicial progress on LGBTQIA+ rights contrasts sharply with the slow, inadequate response from the mental health sector.
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