SUGGESTED TEXT OF LETTER

Honorable Chairman:

I am writing to express serious concern regarding a complaint of alleged psychiatric abuse on the basis of sexual orientation filed on May 29, 2001 by the Milan Project of the Naz Foundation in Delhi. I call upon the National Human Rights Commission to thoroughly investigate the case and, moreover, to prevent further instances of psychiatric abuse of this nature by formally recommending that all relevant Indian psychiatric bodies issue official statements declaring that homosexuality is not an illness or disease requiring treatment. I also request that the NHRC ask the National Commission to Review the Working of the Constitution (NCRWC) to recommend legislation providing protection from discrimination on the basis of sexual orientation.

Complaint diary 3920 concerns a male patient at the All India Institute of Medical Sciences (AIIMS), who reportedly received treatment, over the course of almost four years, designed to 'convert' his homosexuality through counseling therapy and the administering of psychotropic drugs. The patient allegedly suffered severe emotional and psychological trauma and damage due to his doctor's actions.

This form of psychiatric treatment, reflecting an understanding of homosexuality as a disease, represents a serious contravention of internationally recognized psychiatric guidelines and human rights standards. Indeed, it is critical to recognize a strong consensus in international medical standards, reinforced by over 35 years of research, that homosexuality is not a disease, mental disorder, or emotional problem requiring treatment--and, moreover, is not changeable. In 1973, the American Psychiatric Association removed homosexuality from its official list of mental disorders, concluding that homosexuality itself has no association with impairment in judgement, stability, reliability, or general social or vocational capabilities. The World Health Organization adopted a similar position in 1993, as did the psychiatric body governing Japanese standards in 1995 and, most recently, the 8000-member Chinese Psychiatric Association in March 2001. In the latter case, members regarded this decision as an important and necessary first step to promote more openness and tolerance in society.

Dismissing these psychiatric standards as a mere "social issue", rather than taking it seriously as a human rights violation, would constitute a grave mistake. Non-self-selected medical or psychiatric treatment designed to alter a person's sexual orientation or gender identity is a violation of fundamental human rights under international law, including protections enshrined in the International Covenant on Civil and Political Rights, ratified by India in 1979. These include the right to freely pursue one's economic, social, and cultural development (Article 1); right to life (Article 6); right to freedom from torture or cruel, inhuman, or degrading treatment (Article 7); right to liberty and security (Article 9); right to privacy (Article 17); right to freedom of thought, conscience, and religion (Article 18); right to freedom of expression (Article 19); and right to nondiscrimination (Article 26). Moreover, involuntary medical treatment designed to change a person's sexual orientation is a form of torture, defined by the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, ratified by India in 1997, as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person . . . for any reason based on discrimination of any kind." It is also worthy to note that those actions undertaken by the physician in this case also violate the patient's right to consent in medical treatment and right to competent medical care.

These issues of psychiatric standards and medical abuse strike at the core of the mission of the National Human Rights Commission to work against discrimination and redress situations of abuse. As a member of the international human rights community, I ask that the NHRC thoroughly and immediately investigate the case and recommend to all relevant Indian psychiatric bodies the issuance of a formal statement that homosexuality is not a disease that requires a cure. I also ask the NHRC to recommend to the National Commission to Review the Working of the Constitution (NCRWC) the inclusion of a clause in the Indian Constitution ensuring non-discrimination on the basis of sexual orientation.

The goal of human and civil rights standards is to protect all persons equally, without distinction or discrimination. Recognizing the need for protection against sexual orientation-based discrimination and abuse is an indispensable means by which the promise of universality can be fulfilled. I support the NHRC in its active promotion of the human rights of lesbians and gays, and ultimately all individuals and groups, in India--and respectfully ask that the NHRC notify me in writing about the actions it intends to take to address this serious human rights situation.

Thank you very much for your attention.