Yesterday,
the Indian Psychiatric Association issued a statement saying that “In the
opinion of the Indian Psychiatric Association, homosexuality is not a
psychiatric disorder. This is in line with the position of the American
Psychiatric Association and the International Classification of Diseases of the
World Health Organization which removed homosexuality from the list of
psychiatric disorders in 1973 and 1992 respectively. The IPS recognises same
sexuality as a normal variant of human sexuality much like heterosexuality and
bisexuality. There is no scientific evidence that sexual orientation can be
altered by any treatment and that any such attempts may, in fact, lead to low self-esteem
and stigmatisation of the person.”
We agree with this statement
of the Indian psychiatric Association.
Section 377 ‘Unnatural
offences’ of the Penal Code of India, instituted way back in 1860, criminalizes
private consensual sex between adults of the same sex. It states, “Whoever
voluntarily has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine. Explanation.—Penetration is sufficient to
constitute the carnal intercourse necessary to the offence described in this
section”.
Section 377 thus criminalized
homosexuality, which has led to discrimination and stigma against persons
engaging in homosexual acts.
Medicine and psychiatry employ
terms like homosexuality, heterosexuality, bisexuality and trans-sexuality to
encompass all related issues, while current social usage argues for lesbian,
gay, bisexual and transgender (LGBT), which focuses on identities (Indian J
Psychiatry. 2012 Jan-Mar; 54(1): 1–3)
We also attempted to find out
prevalence of homosexuality in the society.
Alfred C Kinsey et al first
reported on homosexual experiences among men in the US in their report “Sexual
behavior in the human male” published in 1948. Recent studies have shown that
internationally the prevalence of homosexuality ranges between 5-10%. Although
there are no official demographics for the LGBTQ population in India, there
were about 2.5 million gay people, but only self-declared, in India, according
to data submitted by the Govt. to the Supreme Court in 2012 (Wikipedia).
Is homosexuality a mental
disorder?
Prior to 1973, homosexuality
was included in the Diagnostic and Statistical Manual of Mental Disorders
as a mental disorder. But in 1973, following a review of scientific evidence,
the American Psychiatric Association (APA) determined that homosexuality was
not a mental disorder or illness and passed a resolution to this effect “by
itself, homosexuality does not meet the criteria for being a psychiatric
disorder.” Homosexuality was removed from the DSM in 1973.
The Preamble of the APA
position statement on therapies focused on attempts to change sexual orientation
(reparative or conversion therapies) published in 2000 says, “In December of
1998, the Board of Trustees issued a position statement that the American
Psychiatric Association opposes any psychiatric treatment, such as
"reparative" or conversion therapy, which is based upon the
assumption that homosexuality per se is a mental disorder or based upon the a
priori assumption that a patient should change his/her sexual homosexual
orientation. In doing so, the APA joined many other professional organizations
that either oppose or are critical of "reparative" therapies,
including the American Academy of Pediatrics, the American Medical Association,
the American Psychological Association, The American Counseling Association,
and the National Association of Social Workers.”
The
World Health Organization (WHO) also removed homosexuality from its
ICD classification in 1992 in ICD-10, which states that “sexual
orientation by itself is not to be considered a disorder” (Bull World Health
Organ. 2014;92:672–679).
Both the APA and WHO have
recognized homosexuality as a natural variant of human sexuality and not a
disease or illness to be treated.
Homosexual behavior has since
then been decriminalized in many countries.
In 2009, the Delhi High Court
had decriminalized homosexuality in its judgement in Naz Foundation vs Govt. of
NCT of Delhi, which was overturned by the Supreme Court in 2013. In 2016, the
Supreme Court agreed to reconsider its judgement passed in 2013.
A five-judge constitution
bench of the Supreme Court of India is presently reviewing Section 377 and
hearing petitions seeking to decriminalize homosexuality.
This ruling of the Supreme
Court of India will be crucial, especially in light of its judgement on right
to privacy as a fundamental right and the future of many is at stake.
Dr KK Aggarwal
Padma Shri AwardeeVice
President CMAAOGroup Editor-in-Chief IJCP Publications
President Heart Care
Foundation of India
Immediate Past National
President IMA
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