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Ahead of SC hearing, Indian Psychiatric Society supports same-sex marriage

BySomita Pal
Apr 10, 2023 12:44 AM IST

The IPS- an umbrella body of psychiatrists in the country with close to 8,000 members- reiterated in its statement that homosexuality is a variant of normal sexuality and not an illness and also said that like every citizen of India, members of the LGBTQIA+ community should be treated equally

Mumbai: “LGBTQIA spectrum individuals should be treated like all citizens of the country. Preventing any civil rights may lead to mental health issues,” read a statement released by the Indian Psychiatric Society (IPS) on Sunday that extended its support for same-sex marriage, adoption and equal rights in India.

In 2018 too, the position statement issued by IPS that homosexuality is not an illness played an instrumental role in the Supreme Court striking down the draconian Section 377 (criminalising gay sex) of the Indian Penal Code on September 6, 2018. (Sushil Kumar/HT PHOTO)
In 2018 too, the position statement issued by IPS that homosexuality is not an illness played an instrumental role in the Supreme Court striking down the draconian Section 377 (criminalising gay sex) of the Indian Penal Code on September 6, 2018. (Sushil Kumar/HT PHOTO)

Last month, the Supreme Court (SC) referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of “seminal importance”. The case will now be heard on April 18, 2023.

The Centre had opposed the legalisation of same-sex marriage in the top court, claiming that its legal validation would cause “complete havoc” in accepted societal values.

The IPS- an umbrella body of psychiatrists in the country with close to 8,000 members- reiterated in its statement that homosexuality is a variant of normal sexuality and not an illness and also said that like every citizen of India, members of the LGBTQIA+ community should be treated equally.

The decision to come out with a position statement was taken in a special meeting of IPS in Hyderabad 15 days back.

In 2018 too, the position statement issued by IPS that homosexuality is not an illness played an instrumental role in the Supreme Court striking down the draconian Section 377 (criminalising gay sex) of the Indian Penal Code on September 6, 2018.

Dr Amrit Pattojoshi, IPS senior member who prepared the concept note of coming out with the IPS’s position statement on same-sex marriage, said the top body of the executive councils and office bearers deliberated and worked on the document. “We researched through available medical literature and studies. Each word mentioned in our statement has been thought through, thinking about the ramifications in the future. We have backed it up with science, practical and pragmatic research.”

In the statement, IPS also spoke about adoption by LGBTQIA+ community saying they are very much aware that a child adopted into a same-sex family may face challenges, stigma and/or discrimination along the way. Commenting on the child adoption by a same-sex family, the IPS in its position statement said, “It is imperative that, once legalised, such parents of the LGBTQA spectrum bring up the children in a gender-neutral, unbiased environment. It is also of utmost importance that the family, community, school and society, in general, are sensitised to protect and promote the development of such a child, and prevent stigma and discrimination at any cost.”

Dr Alka Subramanyam, a psychiatrist at BYL Nair Hospital- Mumbai, who authored the position statement said, the IPS firmly believes in an inclusive society and mentioned about providing a gender-neutral, unbiased environment to a child is part of the same belief.

“We are not saying same-sex couples can’t be good parents, but it is imperative that the child is allowed to make their own decision once they reach a certain stage; when they can make their own decision. Every child has a gender-neutral attitude and behaviour till a certain age. Gender issues should be discussed and disclosed at a certain age,” she said.

She also added that with the position statement, the IPS hopes to empower youth to move towards a society that is inclusive.

Dr Vinay Kumar, president, IPS said the society is working towards sensitising people on gender neutrality. “While the same-sex couple going for adoption needs to be sensitised at multiple levels, it is also of utmost importance that the family, community, school and society, in general, are sensitised. We as a society are working on the same,” he said.

Dr Avinash Desousa, immediate past president of Bombay Psychiatric Society (BPS) said though Article 377 is abolished in the country, there are still quarters in the society where LGBTQ+ community faces stigma and discrimination. “If same-sex marriage is legalised, it will help further eradication of stigma and discrimination and give them whole new space, freedom of acceptance in the society,” he said. Dr Desousa added that studies abroad have shown that same-sex parents have brought up their child just like heterosexual parents. “Parental instincts are not dependent on sexuality. Also, such children may be better receptive towards all sexuality,” he said.

Welcoming the position statement issued by IPS, Dr Prasad Dandekar, co-founder of Mumbai Seenagers, a platform for elderly gay men in Mumbai, said, it is a landmark statement that will significantly change the way that the judiciary and stakeholders will look at the gay marriage case.

“It is a strong statement to support same-sex marriage, adoption and equality for the LGBTQ community. They have reiterated that homosexuality is a variant of normal sexuality and not an illness. It has been said that a lack of equal rights and discrimination against the LGBTQIA+ community may lead to mental health issues. They have also highlighted the role of family, community, school, and society to ensure a non-discriminatory environment for children brought up by parents from the LGBTQ community. I hope the SC will take note of the statement cognisant of IPS’s statement,” he said.

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