On Monday (3rd February), the Madras High Court objected to the National Medical Commission (NMC) curriculum for using the term “gender identity disorder”. The high court said that the usage of such a term shows the NMC’s ‘mindset’.
Justice N Anand Venkatesh remarked that LGBTQIA+ are natural and their sexual orientation and gender identities are not “disorders”. The High Court observed that using terms like “gender identity disorder” would negate the efforts the courts have been making to bring a change in this regard, Live Law reported.
“Efforts are actually being taken to water it down. The fact that you’ve used the word gender identity disorder shows the mindset. If you call it a disorder, then everything is a disorder. The nature has created them in such a way,” Justice Venkatesh said.
The court was further disappointed over the NMC curriculum which states that since homosexuality and related matters are taught in schools, they need not be inducted into the medical curriculum.
The court raised concern over this saying that if NMC will be hesitant to educate about such gender issues, how come schools with far less scientific temperament take up these issues?
“Which school is teaching this? In fact in schools, all this (words like homosexuality) is considered to be bad words. I’m stunned. I’m flabbergasted. When institutions at the level of NMC are hesitating, you’re expecting schools to do it? You’re all people dealing with science, taking facts as it if. And you’re going on and calling it a disorder. It’ll negate the whole exercise because fundamentally we’re not changing. We’ll just be beating around the bush,” the court said.
These remarks came after the National Medical Commission informed the court about the changes made in the curriculum. However, the petitioner objected to this and argued that the NMC is going back to its original position. The petitioner’s counsel contended that a committee appointed by the NMC in 2022 had given its suggestion to bring “positive changes” in the curriculum, however, the NMC did not include them in the syllabus.
Justice Venkatesh criticised the National Medical Commission for not implementing the court’s recommendation to update medical education curricula to remove outdated stereotypes about LGBTQIA+ people. The high court judge noted that the commission has not yet amended its regulations to include conversion therapy as professional misconduct and the new 2023 regulations have not yet been notified.
During the hearing, the Tamil Nadu government informed the court that it has proposed two policies for the welfare of transgender and intersex people, as well as those belonging to the LGBTQIA+ community.
Justice Venkatesh questioned the state’s decision to create two separate policies and sought a report on any challenges in implementing a uniform policy. The next hearing on the matter will be held on 17th February.
