‘THERAPY’ OR ‘BRAINWASHING’: NEED FOR CRIMINALISING CONVERSION

THERAPY IN INDIA
KEYWORDS: Therapy, Conversion, LGBTQ+, Healthcare, Homosexuality.

The recent suicide of Anjana Harish, a 21-year-old queer student from Kerala, India has put
the treacherous practice of conversion therapies in the spotlight. The student, in a Facebook
Video, had allegedly narrated the horrific treatment she went through. Even after the
decriminalization of homosexuality in India, the progress towards a liberal attitude has been
sluggish and such incidents are not uncommon. The practice of ‘conversion therapy’ is
increasing day by day at a global level.Today, it is clear that the practice of ‘conversion
therapy’ is prevalent globally. While some jurisdictions have criminalized the practice, there
still exists a large gap.
Conversion therapy is a precarious and discredited practice, involving forceful and traumatic
methods to suppress an individual’s non-heteronormative sexual orientation. Although
conversion therapy is used to describe ‘cis-gender’, there are several dangerous implications
as well. The basis of this practice lies in the assumption that homosexuality is a mental
disorder. Conversion therapy, also called ‘reparative’ or ‘gay cure’ therapy is often based on
religious interpretations and beliefs about sexuality, rather than a researched understanding.
A while ago, Baba Ramdev, an Indian yoga guru had claimed that he could cure the
unnaturals (people who are part of the LGBTQ+ community) through treatment and yoga. To
start with, the term ‘“therapy’” suggests a treatment for an ailment. Moreover, it proposes
that individuals can be converted to heterosexuals through it. Needless to say, it isNone of
which is incorrect. This position has been reiterated over time by the American
Psychological Association, as well as the World Health Organisation (WHO). In line with the
American Association, the Indian Psychiatric Society (IPS) issued a Position Statement
affirming that homosexuality is not a disease and also disapproved of any conversion
therapies. The United Nation’s Report of the Special Rapporteur on Torture said that these
procedures lead to severe life-long physical and mental pain. The Report, published by the
UN Human Rights Council has also called upon the States to repeal any laws that allow such
irreversible therapies. Conversion therapy targets a specific set of people on the exclusive
basis of sexual identity and orientation. Interference with their personal autonomy conflicts
with not only national laws, but also with international human rights law, which are led by
principles of non-discrimination.
The Navtej Singh Johar judgment which struck down Section 377 of the Indian Penal Code
has explicitly stated that homosexuality is not ‘mental illness’, however, the homophobia in
the society certainly has disastrous consequences. Although there exists no specific
legislation which outlaws conversion therapies in India, the enactment of Mental Healthcare
Act (“the Act”) in 2017 is a step towards protection of the LGBTQ+ community. Section 3 of
the Act provides for ‘“determination of mental illness’” which has to be determined based on
nationally or internationally accepted medical standards, (which includes the International
Classification of Disease (ICD) of WHO). Further, the provisions of ‘“informed consent’”
safeguard the community against forced therapies, though in a limited manner.
In the ICD-10, released by WHO, the Organisation declassified homosexuality as a disease
and thus, conversion treatments or therapies cannot be undertaken legally. However, the
provisions of the Mental Helthcare Act are not free from complications. It fails to protect the
individuals who have been ‘brainwashed’ into believing that their sexual orientation is a
disease and consequently consent to undergo the hazardous treatments. Furthermore, the
culture of shame, cruelty and abuse that surround the alternative sexual identities have a huge
impact on the mental health of the victims, and in order to conform to the ‘societal norms’, an
individual usually forcefully consents to undergo the bogus treatment. This ‘so-called’
therapy is administered not just by health professionals but also preachers or babas
(preachers in common Indian dialect) and religious institutions. Such practices, even if not
prohibited specifically, attract several violations of right to privacy and right to life and
liberty under Article 21 of the Constitution of India. Besides, any form of abuse or torture
also gives an authority under the Indian Penal Code to punish the offenders.
Despite there being various provisions to safeguard against conversion therapy, there is a
need to enact specific legislation which criminalises conversion therapy. A human rights
approach to the issue would not be purely penal but would also focus on nullifying
conversion practices and holding health professionals accountable. Certainly, India can take
cue from other countries – For example: Malta, for example became the first country to
outlaw gay therapy and imposes fine and jail term for any violation. Similar penalties have
also been levied in Taiwan, Brazil, Ecuador and several other US states. Apart from the
criminal charge being imposed, legislators should also delve upon the need for civil liabilities
to compensate for the mental and physical abuse. While the decriminalisation of
homosexuality was hailed as a historically significant move of identifying constitutional
rights, it is a pity that such incidents are still common in India.