Queerala v. State of Kerala

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Queerala v. State of Kerala is a Kerala High Court case about stopping involuntary conversion therapy and protecting LGBTQ+ people from harmful practices. The petitioners are Queerala, a Kerala-based LGBTQ+ group, and Raghav PR, a transgender man who says he was subjected to conversion therapy.

Background and complaints
During the COVID-19 lockdown, there were reports of families taking queer individuals to doctors or counsellors who tried to “treat” or change their sexual orientation or gender identity. The petition highlighted cases where people were pressured into medical or psychiatric treatments that caused distress and trauma, sometimes under the claim of science but with no real medical basis.

What the court held
In December 2021, the Kerala High Court directed the Kerala government to take strong action against involuntary conversion therapy. It also ordered the state to form an expert committee, including queer community groups and other stakeholders, to study the issue and draft guidelines on conversion therapy. The court gave the government five months to prepare these guidelines and to present them in court, after talking with Queerala and others affected.

Legal reasoning
The court relied on the Mental Healthcare Act, 2017, noting that:
- Homosexuality is not a mental disorder, so trying to cure it is unlawful.
- Involuntary admission to a mental health facility is limited to severe cases with clear criteria.
- There is no legal basis for broadly allowing conversion therapy, and many practices lack scientific support and can cause harm.

Impact and follow-up
If there is evidence of involuntary conversion therapy, the court said strong action should be taken and investigations should be carried out. The case is recognized by the Supreme Court in a publication on how courts can sensitize themselves to LGBTQ+ issues, noting that the High Court asked for an expert committee and guidelines within five months.

In short, the decision pushes Kerala to regulate and curb conversion therapy, involve LGBTQ+ groups in creating guidelines, and protect people from harmful, unproven practices.