The Kerala High Court intervened in the case of a 19-year-old transwoman who alleged that she was forcibly subjected to conversion therapy at Amrita Hospital in Ernakulam.

The Division Bench of Justice Raja Vijayaraghavan V and Justice PM Manoj asserted the transwoman's right to choose her own path in life.

"We hold that Ms. X, being 19 years of age, has the right to choose how she wishes to live. She has chosen to state before us that she is being subjected to violence by her natal family and she is being forced to suppress her desire for self-determination of her gender identity. It is for the said reason, that she has expressed her desire to live on her own. We are of the view that the choice and desire expressed by her needs to be respected and she should be permitted to live her life on her own terms," the Bench said.

The Court's decision stemmed from a Writ Petition filed by a concerned friend of the transwoman, detailing claims of physical and mental abuse inflicted by her natal family due to her gender identity. Allegations included confinement, mistreatment, and attempts to suppress her gender expression.

Acknowledging the seriousness of the allegations, the Bench ordered her immediate release, emphasizing her right to live according to her chosen gender identity without coercion.

Following the Court's order dated June 27, 2024, both the transwoman and her parents appeared before the Bench. During the interaction, the transwoman reaffirmed her identity as a transwoman and reiterated the claims made by her friend. Additionally, she expressed receiving medication against her will during her hospitalization. She also stated that she is currently pursuing a B.A. in Animation & Graphic Designing at a college. Regarding her living arrangements, she had expressly communicated her intention to reside at Jyothis Bhavan, Thrikkakara, and has unequivocally stated her desire not to return to her family residence.

In response, her parents expressed concern for her well-being while affirming their unconditional support for her personal choices. They affirmed that the doors of their home shall always remain open for her, and she is welcomed to join them at any time. They stated that it was when she displayed aggression towards family members, that they were forced to seek treatment for her. They also highlighted that she is suffering from gender dysphoria and assured that they would fund her chosen treatment if she decides so.

They requested the Court to ensure her access to medical consultation and treatment, offering to finance any necessary procedures given her current unemployed status.

"We find that Ms.X is a 19-year-old individual. She has stated before us that she is experiencing hostility from her parents and is being forced to undergo treatment to change her identity. After interacting with the parties, we find that Ms.X has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman," the Court noted.

The Court recorded the submissions of all parties involved, underscoring the importance of respecting the transwoman's autonomy and ensuring her safety and welfare in future proceedings.

"..we wish to record that during our interaction, her parents and sister expressed their deep concern for the health, well-being, and safety of Ms. X and they have graciously offered to support her through these trying times. We also wish to note the submission of her parents that the doors of their home will always remain open to her. They have further requested that, as Ms.X is facing issues related to gender dysphoria, she be allowed to consult a doctor of her choice. They also stated that if Ms.X chooses to undergo any treatment, they shall finance the same, as at present, Ms. X is unemployed and on her own. Miss X has indicated that the psychiatrist attached to Renai Medicity Hospital is her preferred choice. We leave it here," the Court said.

Consequently, the Court allowed the petition. "This petition is allowed. Ms X is set at liberty. There will be no order as to costs," it said.

Cause Title: Adithya Kiron v. The Station House Officer & Ors. [Neutral Citation: 2024:KER:47887]

Appearance:-

Petitioner: Advocate Dhanuja M.S.

Respondent: Advocate P.M. Shameer (GP)

Click here to read/download the Judgment


Justice Raja Vijayraghavan VJustice PM ManojKerala High Court

Sukriti Mishra