GUWAHATI: The Kerala High Court has come to the aid of a 19-year-old transwoman who was allegedly detained and subjected to conversion therapy at Amrita Hospital in Ernakulam. The Division Bench of Justices Raja Vijayaraghavan V and PM Manoj upheld the transwoman’s right to self-determination and ordered her immediate release from confinement.
The case was brought to the Court by a friend of the transwoman, who claimed she was being forcibly detained and abused by her family due to her gender identity. The petitioner provided evidence, including WhatsApp messages and an audio recording from the transwoman, detailing the physical and mental abuse she allegedly faced at the hands of her natal family and the hospital staff.
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After ordering the appearance of the transwoman and her parents in court on Monday, July 1, the judges interacted with all parties involved. The transwoman, who was assigned male at birth but now identifies as a female, reiterated the allegations made by the petitioner.
She described being subjected to forced medication and threats from the hospital's psychiatry department, which purportedly aimed to label her as mentally ill if she attempted to leave. In its judgement, the Court emphasised the fundamental right of the transwoman to choose her own path and live life on her own terms.
"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 stated.
During the court proceedings, the transwoman's family expressed their concerns about her safety and mental health but asserted that they do not object to her expressing her gender identity. They assured the Court that she would always be welcome in their home and offered to support any medical treatment she might need for gender dysphoria.
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"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," the Court recorded in its judgement.
The transwoman informed the Court of her decision to reside at a specific shelter home in Ernakulam, distancing herself from her family to live independently. This decision was supported by the Court, which underscored her right to autonomy and freedom from coercive treatment.
