Ban on Conversion Therapy: All that needs to be done?

 

Context
The ban on conversion therapy needs a more comprehensive study to understand both its effect and efficacy. The provisions laid down by the court in S. Sushama v. Commissioner of Police, 2021 (HC 7284, 2021) only banned the medical practice of conversion therapy without criminalising the act of professing or practising the same. There are no punitive measures, and the practitioners of conversion therapy are only heard as professional misconduct cases, which culminate in a maximum punishment of being removed from the list of the National Health Commission. Even today, only roughly 600 courses are recognised by the same. 
While the judge did try to get a better understanding of the threat that looms over the homosexual body by appointing amicus curiae and recording these detailed ordeals and conversations within state documents, the knowledge of conversion therapy and the ordeal on the homosexual body by the structure fell short. Conversion Therapy must be understood as an umbrella term for all interventions that claim to be able to ‘pray the gay away’. This would mean a policy structure which recognises the various manifestations of conversion therapy, including de-addiction centres, Ayurveda, religious practices and other unregulated practices and their practitioners.
Conversion Therapy
Conversion Therapy, during its formulation, was constructed as a curative therapy standing on the two pillars of ‘being born as’ implying that the other body is a deviant and an abnormal body or socialisation ‘something made someone’ have deviant sexual preferences (Meyer & Lewin, 2002). Conversion therapy gradually became recognised as reparative therapy, a term still in use by the language of the Judgment in S. Sushama v. Commissioner of Police, 2021 (FirstPost, 2021). Conversion therapy is defined as “any emotional or physical therapy used to ‘cure’ a person’s attraction to the same sex, or their gender identity and expression. Providers claim these therapies can make someone heterosexual or ‘straight’.” (Sreenivas, S., 2021)
Straight Sex by M Canady eloquently explains that seeing sex as a binary of the male and female by the State is a tactical control to regulate, classify, recognise and punish deviant behaviour more easily. Family gives more accessible access to the individual’s body while keeping the rhetoric of freedom and autonomy alive. Skylar Coggswell-Shears has popularly pointed out that the LGBTQ body becomes the location to reset the gender binary and hence makes the task of disciplining more complex for the state.

 


Default Author Image

Research Desk

Found this post insightful? Share it with your network and help spread the knowledge.

Suggested Reads

Impact of the Agnipath Scheme on Indo-Nepal Relations, China’s Involvement, and Way Forward for India

Introduction The relations between South Asian countries are laden with historical complexities and shifting strategic concerns. India’s Agnipath scheme is a drastic change in military recruitment policy on the domestic and international levels. In this article, we will analyse the effects of the Agnipath scheme on Indo-Nepal relations, discuss the change in Nepal’s inclination towards […]

Gender Budgeting and Electoral Politics in India: From Welfare to Empowerment

Introduction Gender-responsive budgeting (GRB) has emerged as a vital tool in addressing gender disparities, by embedding gender considerations into fiscal policies and transforming resource allocation for women-centric programs. Introduced in India in 2005-06, GRB marked a shift from the “Women in Development” approach to a broader “Gender and Development” perspective. The National Institute of Public […]

Social Media As An Emerging Theatre Of Fierce Political Contest: Insights From The 2024 Indian General Elections

The 2024 Indian general elections was the largest, and consequently, the most expensive election ever held, in the world. Notably, social media emerged as a dominant theatre of political campaigning, with parties spending large amounts of money on advertising, on platforms such as Meta, and on running Google advertising campaigns. However, the large-scale embrace of […]

सीआरपीसी के तहत मुस्लिम महिलाएं भी भरण-पोषण की हकदार 

विवेक वार्ष्णेय सुप्रीम कोर्ट के मुस्लिम महिलाओं की गरिमा और समाज में उन्हें बराबरी का दर्जा का देने के लिए एक अहम फैसला दिया है। सीआरपीसी की धारा 125 के तहत मुस्लिम महिलाएं भी गुजारा-भत्ता पाने की हकदार है। सुप्रीम कोर्ट ने स्पष्ट किया कि मुस्लिम महिलाओं के लिए 1986 में लाया गया कानून उन्हें […]

Towards Enhanced Security: Proposing a Himalayan Guard for India

The region shares borders with Pakistan and Pakistan occupied Kashmir (PoK), China and Aksai Chin, Tibet, Nepal, Myanmar, and Bangladesh. Several of these neighbours, notably Pakistan and China, have caused conflicts in India. Additionally, border tensions with Myanmar and sporadic conflicts with Bangladesh have further highlighted the strategic importance of the Himalayas.