In a significant statement, the Madras High Court has called for a change in how the LGBTQIA+ community is perceived, questioning the continued use of the term “Gender Identity Disorder” to describe individuals who identify as transgender or part of the broader LGBTQIA+ spectrum.
During a hearing on February 2, 2025, Justice Anand Venkatesh expressed strong disapproval of the term, asserting, “Somehow, impression is given it (LGBTQ+ identities) is a disorder. Why would you use this language – ‘Gender Identity Disorder’? It shows the mindset.” Justice Venkatesh further emphasized that such terminology assumes that LGBTQIA+ individuals are suffering from a disorder, when in reality, their sexual orientations and gender identities are natural.
He continued, “What we are trying to do is tell the whole world, there is no disorder (in people being part of LGBTQ+ community). Nature has decided to create someone this way.” The judge argued that unless societal mindsets shift to recognize LGBTQIA+ individuals as natural, all efforts for inclusion and acceptance will be in vain.
Justice Venkatesh also criticized the National Medical Commission (NMC) for its delay in updating medical regulations and curricula, which he said were perpetuating outdated views about the LGBTQIA+ community. He pointed out that despite recommendations from an expert committee, the NMC had not implemented necessary changes.
“The NMC is assuming such persons are suffering from ‘Gender Identity Disorder’! And these are persons who are supposed to be looking at facts as facts,” Justice Venkatesh said.
The Court also urged the amendment of the existing 2004 medical regulations to include conversion therapy as professional misconduct, as the 2023 revised regulations are yet to be notified. “2004 regulations are in force. Therefore, till the new regulations come into force, steps can be taken to amend the existing regulations and to incorporate conversion therapy as professional misconduct,” he added.
The case, which began in 2021, originally focused on a lesbian couple’s plea for protection from parental opposition. However, Justice Venkatesh expanded the scope to include broader welfare issues for the LGBTQIA+ community. He has issued directives to promote the legal recognition of LGBTQIA+ relationships, revamp medical curricula to tackle queerphobia, and propose a State policy for the welfare of LGBTQIA+ individuals.
During the hearing, the State revealed plans to create two distinct welfare policies—one for transgender and intersex persons and another for others within the LGBTQIA+ community. The Court questioned the rationale behind such differentiation and urged the State to explore the feasibility of a unified policy instead.
The matter will be heard again on February 17, with Justice Venkatesh vowing, “I will not get tired, I may get frustrated. I may lament, but that means I am building up energy inside. This is something I find potential for change.”
The Court’s stance highlights a continued push for reform and societal acceptance of LGBTQIA+ individuals, urging both legal and cultural shifts to promote inclusion and equality.
