PIL In Madras HC Alleges Clinics’ Unethical Practices, 2-Finger Test On Trans Persons

The Madras High Court has recently issued notices to the National Medical Council (NMC) and the Tamil Nadu government in response to a Public Interest Litigation (PIL) alleging unethical practices and violations of the World Professional Association for Transgender Health (WPATH) guidelines at transgender clinics in the state.

The bench comprising Justices SS Sundar and P Dhanabal directed the NMC and the Tamil Nadu Health and Family Welfare Department to respond to the allegations within four weeks.

The PIL, filed by a transgender individual, raised concerns about the functioning of Tamil Nadu’s two exclusive transgender clinics, which were established to provide specialized care for transgender persons. The petitioner claimed that staff at these clinics often breached the WPATH Standards of Care, mandated under the Transgender Persons (Protection of Rights) Act, 2019, while dealing with individuals seeking gender affirmation surgeries.

Tamil Nadu launched its transgender clinics in 2022 at two government hospitals: the Rajiv Gandhi Government General Hospital in Chennai and the Government Rajaji Hospital in Madurai. These clinics offer counseling, and consultations with obstetricians and surgeons on specific days each week for transgender persons.

However, the petitioner alleged that transgender individuals visiting these clinics often faced unethical behavior, including being subjected to the banned two-finger test and being asked to strip unnecessarily. The PIL described these practices as medically unnecessary and objectionable.

The petitioner urged the court to issue directions to the clinics to eliminate such unethical practices and ensure compliance with appropriate medical standards.

Additionally, the plea sought the formulation of a standard protocol for gender-affirming procedures in medical institutions, emphasizing the need for technical and operational guidelines to uphold the mandate of Section 15(e) of the Transgender Persons Act.

The petitioner argued that without clear protocols, the rights guaranteed under the Act would be compromised, leaving transgender individuals vulnerable to discriminatory and harmful practices.

The court’s intervention comes amid increasing scrutiny of healthcare services for transgender persons in India, highlighting the need for ethical practices and adherence to established medical guidelines to protect their rights and dignity.

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