The Madras High Court has recently directed several medical and governmental bodies, including the National Medical Council and the Tamil Nadu Health and Family Welfare Department, to respond to a petition advocating for the establishment of standardized protocols for gender-affirmative care procedures. The bench, comprising Justice S.S. Sundar and Justice P. Dhanabal, has granted a four-week period for the respondents to file their counter-affidavits.
The petition was filed by Fred Rogers, a transgender man, who seeks the formulation and implementation of technical and operational protocols for gender-affirmative care. He emphasizes the necessity for these protocols to align with the World Professional Association for Transgender Health (WPATH) Standards of Care, as mandated by the Transgender Persons (Protection of Rights) Act, 2019. Rogers contends that the absence of such standardized protocols leads to unethical and medically unnecessary practices in transgender clinics, particularly in Chennai and Madurai.
The petitioner highlights several concerning practices currently in place due to the lack of standardized protocols. These include requiring parental consent for adult individuals seeking gender-affirmative procedures, subjecting individuals to invasive examinations without medical justification, such as the two-finger test on trans men, and insisting on the presentation of a transgender identity card. Rogers argues that these practices are not only unethical but also violate the rights of transgender individuals seeking medical care.
In addition to seeking the formulation of protocols, the petition calls for a declaration that any practices not in line with the WPATH Standards of Care should be considered professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, and the Tamil Nadu Medical Council Code of Medical Ethics (Professional Conduct, Etiquette, and Ethics) Regulations, 2003. This move aims to ensure that medical professionals adhere to internationally recognized standards when providing care to transgender individuals.
The petition underscores that, despite Tamil Nadu's initiative in establishing exclusive clinics for transgender persons, the lack of adherence to updated international guidelines undermines the quality and ethics of care provided. The petitioner asserts that without proper technical and operational protocols, the objectives of Section 15(e) of the Transgender Persons Act—which mandates the provision of health facilities, including sex reassignment surgery and hormonal therapy—are rendered ineffective.
This case brings to the forefront the critical need for standardized, ethical, and scientifically sound medical protocols for gender-affirmative care in India. The court's directive for responses from the concerned authorities marks a significant step towards addressing these issues and ensuring that transgender individuals receive respectful and appropriate medical care in line with international standards.
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