The Kerala High Court recently intervened to aid a 19-year-old transwoman who was allegedly detained and forced to undergo conversion therapy at Amrita Hospital in Ernakulam [Adithya Kiron v. The Station House Officer & Ors.].
A Division Bench of Justices Raja Vijayaraghavan V and P.M. Manoj ruled that the transwoman has the right to choose how she wishes to live.
The Bench noted the woman’s claim that she was subjected to violence by her family and forced to suppress her desire to self-determine her gender identity.
“For this reason, she has expressed her desire to live on her own. We believe that her choice and desire should be respected, and she should be allowed to live her life on her own terms,” the Court held while setting her at liberty.
The judgment was passed on a petition filed by a friend of the woman, alleging that she was being physically and mentally tortured by her family because of her gender identity.
The petitioner said the transwoman had been abused by her parents and sister ever since she disclosed her gender identity to them.
The petitioner also cited instances where the transwoman reached out to NGOs and even the police for help.
Based on WhatsApp messages purportedly received from her after she was taken to Amrita Hospital, the petitioner alleged that she was being detained, physically abused, and starved.
The petitioner further claimed that the detenue had sent him an audio recording of the head of the psychiatry department at the hospital threatening to label her as mentally ill if she tried to discharge herself.
Last week, the Court ordered the transwoman and her parents to appear before it.
On July 1, they appeared, and the Court interacted with them.
The woman categorically stated that while assigned male at birth, she now identifies as a transwoman.
She reiterated all the allegations made by her friend, the petitioner, adding that she was also given medication without her consent.
She informed the Court that she had chosen to reside at a specific shelter home in Ernakulam and did not wish to return to her family residence.
The parents and sister told the Court that while they had no objection to the transwoman expressing herself as she desires, they were concerned about her safety and mental health.
The Court recorded their submissions in its judgment.
“We also note the submission of her parents that their home will always be open to her. They 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 it, as she is currently unemployed and on her own,” the judgment stated.
