1. The Issue
LGBTQ community is aggrieved by the discriminatory remarks and inhuman references used in the medical textbooks prescribed for medical courses in India, and according to the petitioners, which stereotypes this community’s sexual or gender identities as an offence, mental disorder or perversion. According to the American College of Obstetricians and Gynecology, Queer is sometimes used to describe fluid gender identity. In the past, this was a negative term for people who are gay. The NGOs said discriminatory remarks and inhuman references have been made in the textbooks with regard to the Lesbian, Gay, Bi-sexual, Transgender and Queer (LGBTQ) community.
2. Directions of the Kerala High Court
The Kerala High Court has directed the Undergraduate Medical Education Board to consider the representations of two non-governmental organisations (NGOs), working for the welfare of the LGBTQ community, against alleged queer-phobic contents in medical textbooks.
The court in its September 7 order directed the Board to first obtain the remarks and views of the Kerala University of Health Sciences, Thrissur, on the representations made by the NGOs Queerythm and Dhisha before taking the final decision. The decision has to be taken within eight weeks of receiving the instant order, the court said.
The Kerala University of Health Sciences was asked to provide its remarks and views to the Board on the allegations made in the petition of the NGOs as well as their representations without waiting for a copy of the court order.
3. The gap in implementation Supreme Court judgment
According to the petitioners, such references are made in the textbooks despite the fact that the said community’s rights are recognized by the Hon’ble Supreme Court of India and decriminalized homosexual sex between consenting adults. It is also submitted that such remarks, inhumanly stereotyping the LGBTQ community, infringe their right to have a dignified life guaranteed under Article 21 of the Constitution of India and discriminates the said community from the social order, thereby violating Article 14 of the Constitution of India. Hence the instant writ petition is filed.
Image source: Photo by Sharon McCutcheon on Unsplash
