Lesbian couple moves Kerala High Court seeking ban on forced conversion therapy

A lesbian couple has moved a plea before the Kerala High Court seeking a ban on forced conversion therapy, which involves practices intended to change people's sexual orientation or their gender identity [Afeefa CS & Anr. v. National Medical Commission & Ors.]..The petitioner-couple, Afeefa and Sumayya had previously approached the High Court seeking its support to remain together in the face of strong objection from their family members. .Their latest petition has been filed after Afeefa was allegedly subjected to conversion therapy by a medical team which claimed that homosexuality could be cured using medicine."The practice of conversion therapy is not scientific and is against the fundamental rights of the individuals. Conversion therapies are illegally practiced on people against their will. Hence liable to be declared unconstitutional and violative of fundamental rights," the couple's petition states.In this regard, the petitioners also cited the order of the Kerala High Court in Queerala & Anr. v State of Kerala & Ors. in which it directed the State government to frame guidelines to ensure that stringent action is taken to prevent the practice of forced conversion therapy.This petition will be heard by Justice Devan Ramachandran on April 9..Earlier, Afeefa's partner Sumayya had approached the High Court in June 2023 with a habeas corpus petition alleging that Afeefa was being illegally detained by her parents after they were forcefully separated by the families.The couple had eloped and left their houses but Afeefa was allegedly forcefully taken back to her parents' house even after a magistrate's order allowing the couple to live together. Sumayya then moved the habeas corpus petition before the High Court, in which she stated that there is a serious apprehension that Afeefa's parents would subject her to conversion therapy and that they have already admitted her to a hospital under the pretext of curing a mental illness.Later, Afeefa told the Court that although she was in a relationship with Sumayya, she wanted to go back home with her parents. In view of this submission, the bench closed the habeas corpus petition.Subsequently, the couple managed to reunite with the help of the police and the women's protection cell. However, the couple had to move the High Court again on apprehensions that the threats from family members will continue. In July 2023, the Court granted police protection to the couple. .In their new petition, they have alleged that Afeefa was subjected to mental and physical torture by her family and a medical team under one Dr. Mohan Sundar of the Manohar Hospital, Kozhikode.As per the plea, the doctor and his team claimed that homosexuality is illegal and can be cured using medicine. The medical team also allegedly prevented Afeefa from communicating with others in violation of the provisions of Mental Healthcare Act, the plea stated.The petitioners have submitted a complaint in the matter before the Secretary of the Indian Psychiatric Society for taking action against the hospital authorities but no action was taken prompting them to approach the High Court for a declaration that conversion therapy is unconstitutional and violative of fundamental rights..The petition highlights that despite the High Court's earlier directions to act against forced conversion therapy, the authorities, including the National Medical Commission and the Kerala Government refused to take any action against Manohar Hospital..Therefore, the petitioners have now sought orders to the concerned authorities to take necessary measures to ban forced conversion therapy and to take action against the hospital and the doctors who subjected Afeefa to conversion therapy. .The petitioners are represented by advocates Aneesh KR, Santhi PS, Saurav B, and Lia George.