The Madras High Court issued notices to the National Medical Council (NMC) and the Tamil Nadu government regarding allegations of “unethical practices” at transgender clinics in the state, violating World Professional Association for Transgender Health Guidelines (WPATH) and the Transgender Persons (Protection of Rights) Act, 2019. The PIL, filed by a transgender individual, highlights reports of patients being subjected to invasive and banned procedures like the two-finger test and other unethical behavior. The petitioner seeks to end such practices and calls for clear medical protocols for gender-affirming surgeries to uphold transgender rights.
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CHENNAI: The Madras High Court brought attention to allegations of ‘unethical practices‘ and ‘two-finger test’ at transgender clinics in Tamil Nadu, issuing notices to the National Medical Council (NMC) and the Tamil Nadu government.
These allegations also suggest a breach of the World Professional Association for Transgender Health Guidelines (WPATH) protocol.
A Bench comprising Justices SS Sundar and P Dhanabal has directed the NMC and Tamil Nadu’s Health and Family Welfare Department to respond to the Public Interest Litigation (PIL) within four weeks. The PIL was filed by a transgender individual who raised serious concerns about the operations at transgender clinics in the state.
Tamil Nadu is among the few states in India to have exclusive transgender clinics. In 2022, the Tamil Nadu government established clinics for transgender persons at two prominent government hospitals:
- Rajiv Gandhi Government General Hospital, Chennai
- Government Rajaji Hospital, Madurai
These clinics provide specialized services, including counseling, obstetric care, and surgical consultations on specific days each week.
Despite this progressive initiative, the petitioner highlighted troubling instances of unethical behavior by the clinic staff. According to the PIL:
- Many transgender individuals reported being subjected to “unethical practices” by staff members.
- Some patients were allegedly asked to strip during consultations.
- The now-banned two-finger test, considered invasive and medically unnecessary, was reportedly performed on some patients.
The petitioner stated that these practices violated the WPATH Standards of Care and the Transgender Persons (Protection of Rights) Act, 2019, which safeguard the rights and dignity of transgender individuals.
The petitioner urged the Court to:
- Direct the two hospitals to stop unethical and unnecessary medical practices targeting transgender individuals.
- Mandate the formulation of clear technical and operational protocols for gender-affirming surgeries.
The absence of such standardized guidelines, according to the petitioner, compromises the objectives of Section 15(e) of the Transgender Persons Act, which emphasizes providing proper medical care to transgender persons.
The case highlights the pressing need for reforms to ensure that transgender persons in Tamil Nadu receive dignified and ethical medical care. By bringing this matter to the judiciary, the petitioner hopes for swift action that will not only protect the rights of transgender individuals but also set a precedent for the rest of the country.
The Court’s direction to respond within four weeks underscores the urgency and significance of addressing these issues.
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