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Kerala High Court has directed the National Medical Commission and the Undergraduate Medical Education Board to take speedy action for addressing the issue of MBBS textbooks using “outdated, inhuman and discriminatory text and unscientific data” referring to the Queer community.

On the third anniversary of the Apex Court’s verdict on Section 377 of the Indian Penal Code, which decriminalised homosexuality, the Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly of the High Court issued the directions.

The court was hearing a Public Interest Litigation (PIL) filed by two NGOs, namely Queerythm and Dhisha.

The NGOs pleaded for the removal of part of the MBBS textbooks that spread ‘Queer phobia’. They said that these textbooks stereotype queer (sexual minority group of Lesbian, Gay, Bi-sexual, Transgender commonly referred as LGBTQ) community's sexual and gender identities as an offence, mental disorder or perversion.

The petitioners contended that the use of such type of content is in violation of queer individuals’ rights under Articles 14, 17, 19, 21 of the Indian Constitution. They added that despite judgments of the Supreme Court Identity in National Legal Service Authority vs Union of India and in Navtej Singh Johar v. Union of India recognising transgender rights and decriminalising homosexuality, the Medical Board has not modified the curriculum in line with the legal and social changes. 

“While the apex court has clearly accepted homosexuality as a sexual orientation based on the scientific as well as legal analysis, portraying the same as a sexual disorder or perversion is discriminatory”, the petitioners stated.

The plea filed by the NGOs read that petitioner organizations were representing the pain and agony of a member of the queer community who has to face while pursuing the medical course. It further added that the petitioner organizations, made detailed research among the medical textbooks prescribed for studies and references in the curriculum of the Kerala University of Health Sciences.

Petition stated that queer medical students have pointed out to them the instances wherein they were victimized and bullied by peer groups for expressing their gender or sexual orientations, which eventually restricted them from revealing their identity and come out before the court themselves.

It was also brought to the attention of the court that despite several representations being made before the National Medical Board the Undergraduate Medical Education Board regarding the same grievances, the petitioners received no response.

The petitioners also contended that the medical students who are the doctors of tomorrow are studying wrong information which is very fatal to society.

Therefore, taking note of the seriousness of the issue, the Court disposed of the case directing the board to take immediate action on the representation forwarded by the petitioners.

Recently, on August 31, 2021, the Madras High Court took notice of one Doctor’s referral of a gay man to a psychotherapist for Cognitive Behavioral Therapy for M2M behavior and ordered the Additional Solicitor General to bring this to the notice of the National Medical Commission and Indian Psychiatric Society and direct them also to file a report as to how they are going to handle this issue in future by carrying out necessary changes in the curriculum.

(Case Title: Queerythm and Anr. v. National Medical Commission and Ors.)