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

Did the PLI Reap what it Sowed? An Intermediate Case Study of the Textile Sector

Introduction As India grapples with leveraging its manufacturing prowess to fuel its growth story with challenges emerging on the fronts of international trade, a closing demographic window, concerns of premature deindustrialization, etc., an analysis of what has been called as her de facto Industrial Policy—Production Linked Incentives, announced in 2020—becomes imperative (Dhar, 2024). Launched to […]

Navigating India’s AI Governance Framework: Future Directions in #AIforAll

From healthcare to education, Artificial Intelligence hype has covered every sector, with some calling it the greatest breakthrough since splitting the atom (Price, 2023) while others leveling up their research on existential threats due to AI (Future of Life Institute, 2023). Whether or not AI is worth the hype, constant and steady progress is being […]

India’s Shifting Demographics and the Challenge of Elderly Care

India’s demographic dividend—having more working-age than dependent population—provides for a significant opportunity for economic growth. The median age of the country stands at 28.4 years, which is significantly lower than countries like China, Japan, and the USA, which stand at 39.6, 49.4, and 38.3 years respectively (United Nations, n.d.). India’s current working age (15 to […]

Yamuna Rejuvenation: Reimagining the Future of the River

Background  The Yamuna River is deeply entrenched in historical & cultural significance but yet it stands as a stark contrast to its once life-giving form. Flowing through the heart of Delhi, the river has been overwhelmed by decades of unchecked urbanisation, untreated sewage, and now stands as a reminder of the ecological consequences of urbanization […]

Guardians of the Grasslands: Recognizing India’s Pastoralist Communities

1. Background Amid the towering challenges of climate change, the quiet loss of pastoral lands may seem inconsequential to many. Still, for India’s pastoralist communities, it marks the erosion of a lifeline. Pastoralism is understood to be one of the oldest practices in India, where communities lead nomadic lives rearing livestock, with a multifaceted production […]