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Doctors need genuine Leave – painful barb for others @ Tokyo medical school


Japan medical school admits to altering scores to keep out female applicants

  Usually the kind of work of doctors keep them on toes and it is difficult to have leaves. This may be a global  phenomenon.  Medical systems also are not very comfortable with doctor’s leaves. Scarcity of doctors and difficult replacements makes life of doctors busy and unsocial.  Systematic  denial of genuine leave has been proved by  investigations  at   Tokyo medical school.

 

A Tokyo medical school has confirmed after an internal investigation that it systematically altered entrance exam scores for years to keep out female applicants and ensure more men became doctors. The school wanted fewer female doctors because it anticipated they would become mothers and would shorten or halt their careers. It is extremely important to improve the working environment so that women can pursue their medical professions. School’s purpose in denying women entry was because female doctors often quit working after starting families. Women tend to avoid tough jobs like surgery or work in remote areas. They need to take a break from their careers because of pregnancy and childbirth.

 Tokyo Medical University manipulated all entrance tests results since 2000 or even earlier. The findings released Tuesday by lawyers involved in the internal investigation confirm recent reports in Japanese media.

The manipulation surfaced during an investigation of an alleged wrongful admission of a bureaucrat’s son.

The internal investigation found the school first reduced all applicants’ first-stage scores to 80 percent then added up to 20 points only to male applicants with three or fewer application tries.

The school wanted fewer female doctors because it anticipated they would become mothers and would shorten or halt their careers.

Japan’s government urged a medical university to promptly disclose the results of an investigation into its admissions process Friday after reports alleged it had altered the test scores of female applicants for years to deny them entry and ensure fewer women became doctors.

The school’s public affairs department said it had no knowledge of the reported manipulation but is investigating. The school is already facing a separate scandal involving the inappropriate admission of a top education bureaucrat’s son and was ordered by the education ministry to investigate its admissions records for the past six years. On Thursday, the school said it will combine the examination of the score manipulation allegation with that probe.

The share of female doctors who have passed the national medical exam has stayed at around 30 percent for more than 20 years, prompting speculation that interference in admissions is widespread at Japanese medical schools.

The Japanese medical university’s alleged systematic deduction of entrance exam scores only from female applicants has sparked outrage across Japan. It was reported Thursday that Tokyo Medical University has been slashing female applicants’ entrance exam scores for years to keep female student population low, on grounds they tend to quit as doctors after starting families, causing staffing shortages

Admissions records released to The Associated Press by the school show the percentage of women who passed the entrance exam rose from 24 percent in 2009 to 38 percent in 2010. The figure has since stayed below that level until decreasing to 18 percent this year, when a total of 171 students passed the exam. The ratio of female applicants who were accepted this year was 2.9 percent, compared to 8.8 percent for men.

 

Medical lawsuits, revenge & punishments to doctors : reminiscent of realms of ancient Hammurabi medical regulation


With the evolution of medical science and medical care intertwined with  medical business, braided changes in  medical  regulation is not an far off expectation. But reticulation of evolution to modern medicine  and health care has not happened  in  isolation. Simultaneously there has been  progressively complex emerging trends in medical business and changing patterns of health investments along with an era of corporate investments in health care  has also ushered.  Every one now wishes  to live longer  and  dreams of better quality of life with support of progressive medical care.  Opportunities projected by advancements in health care, have shown that these dreams can be a real possibility, in many cases. That kind of perception has given patients a hope in lieu of some money. With rich people willing to spend more, the insurance sector and investors putting money into health care, which was unthinkable few decades back in the  past.  This reticulation of business and  health care allowed health care to be controlled  in some way by administrators and investors. Away from the health providers, who actually treated the patients.

As it is no more simply treating a disease and involves many more issues.  New model of  medical regulation and business in  health care is  still  not a mature process. It has emerged and progressed in  just  for few decades, as compared to  medical treatments and systems that existed since ancient times. It is still in infancy and still has to go a  long way to do real justice to every one.   No one really knows how to regulate this difficult area,  which encompasses life and death, deals with extremes of poverty and riches, mortality and morbidity, pain and  relief , sadness and happiness, smiles and sorrows and uncountable emotions, intertwines with financial aspects. Most difficult part is  amalgamation of  intricacies of science with minds of  patient and doctor’s skill in  newly evolved milieu of financial complexities.  Results are not encouraging for the medical profession.

 An effort to govern or  regulate the medical profession  is not new. Hammurabi  had initiated to  write the rules of the game. This single professional species was managed with cruel regulation around 5000 years ago, that initiated a change in the global perception and regulatory system in radical and unprecedented ways.

Hammurabi  5000 years ago,  was  not even at the   doorstep of medical science, but he  promulgated some rules. It is difficult to say whether he was naive or  brilliant  enough to make it more mathematical. He fixed  heavy prize for saving lives and used to  cut the hands of physicians for death or untoward incident. But he was still wise enough to pay heavily if life was saved.   After thousands of years, with some scientific advancements, our regulation has remained more or less similar in basics. It is still based on principles of revenge and punishments. Now clearly  knowing well the limitation of medical science and the uncertainties and complexities of human body in better way, it still  remains  somewhat  unfair to doctors.  In other words, it has not attained enough  evolution and maturity.

  Hammurabi at the start of civilization believed that doctors needed to be punished in case there was poor prognosis. He failed to understand the complexity of human body and the limitations of medical  science, most of which was unknown at that time. By an application of average wisdom, doctor can be easily blamed for poor outcome, because he is always a common link between treatment and poor prognosis. Stricter punishments were imposed to  regulate medical profession, even  when the medical science was not even developed enough to deal with most of diseases.  Children are always taught in school that medical profession is a noble one. But they are never told, about the cruelty this profession has faced since ancient times.  Almost universally, the earlier work or contribution of  a doctor  to society is  not taken into account.  Even for complexities of medical science and uncertainties of the outcome, blame can  conveniently be  passed on doctors due to application of average wisdom.

    Hammurabi’s Codex specified the harshest form of deselection of health providers possible. If the physician erred through omission or commission, his fingers or hands were cut off, immediately stopping his practice. Therefore, a single mistake can undo all the good work of past or the future good work that could have been accomplished.

Problem here is that who can differentiate with certainty the real cause of sufferings of patient, a poor prognosis or a mistake.  Such harsh  regulatory systems will dissuade  other good people joining the profession, again  resulting in  further inhibition and flourishing of profession for the good.  Obviously,  harsher  penalties will discourage a physician surplus.

Today the global  system of medical regulation, is becoming somewhat  similar, to those ancient regulations in  terms of punishment and revenge. Differential payment system for health care also resembles the Code of Hammurabi in some respects. And this is despite the fact that now we are very well conversant with the known uncertainty and complexity of the human body and despite cognizance of the poor prognosis in many disease states.

Fear factors on doctors and impact of present legal complexities is already at par with that of Hammurabi’s era

“Doctor, why to risk yourself for petty gains?” Telephonic treatment is negligence: Bombay High Court


“Doctor, save the patient, but save yourself also”.

In medicine, any small or big disease or  procedure can have complications.  Frequently, dangerous complications have a subtle and insidious onset with very little symptoms. DVT and pulmonary thrombo- embolism is a known and life threatening complication associated with pregnancy.  This complication and the unfortunate  scenario that  happened  is not unknown and has a potential to recur. So doctors need to learn from such incidences to save themselves.

Since the overall scenario of medical complication and consumerism have undergone a sea change, doctors need to  be careful and change their approach to save from legal issues arising from these. They have to make sure that each small problem  has to be seen carefully in person, as it may harbour a serious threat.

Observing that prescribing medicines to patients without diagnosis amounted to culpable negligence, the Bombay High Court has turned down the anticipatory bail pleas of a doctor couple booked for the death of a woman patient. The doctors have been booked by the Ratnagiri Police under section 304 of Indian Penal Code (culpable homicide not amounting to murder) after the patient died earlier this year. According to the police, the woman was admitted to the accused couple’s hospital in Ratnagiri in February this year where she underwent caesarean operation and gave birth to a baby. The court order said the woman and the child were normal and were discharged two days later. The doctor spoke with the chemist who then gave some medicines to the relatives of the woman. However, even after taking the medicines, the woman did not feel better and was taken to the same hospital, it said. When the woman’s condition deteriorated the next day, the doctors at the hospital shifted her to another hospital, where she died, it said.

   Question arises, why  doctors commonly   need to prescribe by telephonic advice,  specially as in this case, if the doctor themselves were not available.  what made them  to enter into such a dangerous situation? Do  really there are substantial gains to risk so much and everything in life? The reasons:

  1. Most of the time, to retain the patient. As they already treated the patient, It is a natural tendency to  continue the treatment. Factors here are loyalty issues and loosing patient to other physicians.
  2. Sometimes patient request, to avoid coming to hospital or to avoid visiting unknown hospital or other doctors. It is not uncommon that patients request some advice on phone.
  3. Symptoms do not look dangerous or alarming. Patient interpretation is not appropriate. Even myocardial infarction ( heart attack) is taken  as due to “wind problem.”  Main problem here is that doctor is relying on patient’s interpretation, which is likely to be incorrect.
  4. Most dangerous is a friendly advice or relatives. Where it is mistake of both doctor and patient.
  5. Patient is far off and for convenience

 

So  “Gains” in such situations are nil or petty.

Rarely it is done for earning money. It is just done for the sake of convenience. But doctors should  wake up in  the era of consumerism, where no one is going to pardon them for  mistakes.  Retrospective analysis gained with wisdom of hindsight makes them repent many times more than petty gains.

Doctor need to forgo petty gains in order to save themselves. Do not take chances. No one will realize later, what were the causes and intentions behind the mistake.

“Doctor, save the patient, but save yourself also”.

 

 

Ban imposed on import of Rabies vaccine from tainted Chinese company


The drug controller general of India on Tuesday banned the import of the rabies vaccine from Chinese vaccine manufacturer Changchun Changsheng Life Sciences, which was found to have faked records and ordered to stop production earlier this month by China’s drug controller.

Rabies kills an estimated 20,000 people in India each year, according to the National Rabies Control Programme.
The drug controller general of India on Tuesday banned the import of the rabies vaccine from Chinese vaccine manufacturer Changchun Changsheng Life Sciences, which was found to have faked records and ordered to stop production earlier this month by China’s drug controller.
Officials familiar with the matter said the vaccine is imported by India and procured by both private and government centres that administer it for protection from rabies, which is 100% fatal but can be prevented by vaccination. Rabies kills an estimated 20,000 people in the country each year, according to the National Rabies Control Programme.
“We’re in the process of issuing a show cause notice to the procurer who gets the vaccine for the government .

“The vaccine is being used in India, but we don’t have the exact details of the total number of units imported or where they have been distributed. I have asked my staff to prepare a detailed information report on its import and distribution,” Reddy added. “Once we get the information, we will ask for a recall of the vaccine from market. But till then, there is a blanket ban on its import.”
Rabies is endemic throughout the country, with the exception of Andaman & Nicobar and Lakshadweep. Dogs are responsible for about 97% of human rabies, followed by cats (2%) and monkeys, mongoose and others (1%). According to the city’s civic agencies, each week about 8,000 shots are given to prevent rabies in all government hospitals.
“We get 500 to 700 cases each day, which also includes people there for booster doses. Dog and rat bites are very common. A combination of anti-rabies vaccine, serum and tetanus is injected, depending on the severity of the bite,” said a staff member at Safdarjung Hospital who asked not to be named.
“We usually get products from procurers, who get it from importers. Both Indian- and foreign-made drugs and vaccines, including those from China, are used in the public sector.
On July 24, Chinese president Xi Jinping has ordered a “thorough investigation” into widespread concerns that hundreds of thousands of infants might have been administered fake vaccines produced by one of the country’s largest pharmaceutical firms.
According to official news agency Xinhua, Xi had termed “the illegal production of vaccines by Changchun Changsheng Life Sciences Limited as hideous and appalling”. Reports suggested the company may have supplied ineffective DPT (diphtheria, whooping cough and tetanus) vaccines that were given to babies as young as three months old, and forging data for anti-rabies vaccines.
As outrage among people in China grew over the past week, the company’s leaders apologised in a statement on Sunday, saying they felt “deeply ashamed”, according to the New York Times.

Viagra & anaesthetic drug sold as herbal alternative medicines


This news in Times of India  is just an tip of the iceberg, the reality  of alternative medicine  industry. Toxic substances being sold at exorbitant prices  labelled as herbal substances can be unmasked only if checked  and controlled strictly.  Gullible masses consume these substances without knowing the right dose or right drugs thinking them as herbal products . Assumptions that they are free from side effects is another myth, that goes unsaid.

MUMBAI: The Aurangabad division of FDA has found sildenafil citrate, commonly known as Viagra, and a short-acting anaesthetic drug in two alternative  medicines meant to increase sexual desire and potency that were randomly tested for quality recently. The worrying finding has prompted the drug regulatory body to issue a statewide circular asking its officials to seize any available stock of these drugs- Power up capsules and Tiger king cream. The containers of both the alternative medicines didn’t mention the allopathic components sildenafil and anaesthetic drug (lignocaine hydrochloride), giving rise to fear of serious health consequences in people who might consume them unknowingly. Viagra, in particular, which is given for erectile dysfunction, is supposed to be taken only when prescribed by a specialist as it can react with other ongoing medications and give rise to life-threatening complications. In July, FDA officials raided the office of Srishti Unani Medicine Agency in Aurangabad and found stocks worth Rs 16,000 that had arrived from Saharanpur district of Uttar Pradesh. Tests revealed each Power up capsule contained 49.45mg of Viagra, while Tiger king cream had a significant amount of lignocaine hydrochloride, though only the herbal components were mentioned in the packing material.

The spurious drugs were manufactured in violation of the Drugs and Cosmetics Act. “We will lodge an FIR against Naman India, the UP-based manufacturer, that has been selling these drugs in the name of herbal medicine to gullible consumers,”, joint commissioner, FDA, Aurangabad. He said the department is yet to establish where these drugs were supposed to be distributed, but there is demand from across the state. It was during a raid in the city sometime in 2015 when the department woke up to rampant adulteration of so-called alternative  medicines with allopathic drugs. An official said it was an “industry worth millions” that clandestinely ran out of Tier-2 and 3 cities or slums in metros. “Under the Act, manufacturing of alternative  drugs needs a licence, but there are no legal provisions for distribution and supply. So monitoring becomes a challenge,” said an FDA official. Medically, doctors say, such rackets are not just about making spurious drugs and making a quick buck but messing with people’s lives. “It’s a menace that has existed for years unchecked. Alternative  practitioners charge exorbitant sums for these  medicines that illegally contain sildenafil, which otherwise costs just Rs 30-40 when sold as an allopathy drug.

Private Medical College Seat (MBBS)(#Medical #NEET): System of Entrapment or (?)Debt Trap For Many.


MBBS debt trap for many Private Medical College Seat (MBBS)-Debt Trap For Many.

Mirroring the US situation, where medical students come out of the education system with huge loans to repay, India’s medical education is becoming a debt trap for thousands  of medical students with governments doing little to regulate medical college fees.

High fees in most medical colleges means that students who have to take loans to pay it cannot hope to service the loans from what they earn as doctors after completing MBBS. Here’s how the math works. Annual tuition fees in private medical colleges average over Rs 10 lakh. That’s half a crore rupees or more for the entire course when charges for things like hostel, mess, library, internet and examinations are included. The EMI on an education loan of Rs 50 lakh works out to at least Rs 60,000. Government salaries for an MBBS graduate range from Rs 45,000 to Rs 65,000 depending on the state and area. The private sector is even worse.

This raises a question: The government is allowing the opening of more private colleges or allowing existing ones to increase seats citing shortage of doctors, especially in rural areas and in primary health centres, but don’t high fees defeat the purpose? Can such doctors have a living wage after they pay the EMI? In most banks, education loans cannot exceed Rs 7 lakh to Rs 10 lakh without collateral, which typically would mean mortgaging a house or land. With collateral, the loan amount can be . High MBBS fees leaving many doctors in debt trap

Usually, the loan carries an interest of 10% to 12.5% and has to be repaid within 10 to 12 years. If education loans become prohibitive, it could make medical education the preserve of the rich. A TOI analysis of fees charged in 210 private medical colleges in 2017 showed that about 50 charged anything between Rs 10 lakh and Rs 15 lakh and over 30 charged even more. Several government colleges too charge high fees, especially in Gujarat and Rajasthan. After 4.5 years of MBBS, a student has to do a one-year paid internship, during which time his/her salary would be at best Rs 20,000-25,000 per month.

After MBBS, whether a student is doing three-year post-graduation or working as a resident doctor or medical officer, the salary in government service ranges from Rs 40,000 to Rs 55,000 in most states and even less in the private sector. In about three to four years, the salary rises to about Rs 70,000 at best in most places. With EMIs of Rs 45,000- 65,000 for loans ranging from Rs 30 lakh to Rs 50 lakh, doctors are left with barely enough to live on. For those who get married by this stage, the added responsibility of running a household complicates matters further. Even in states with fee regulation, the annual fees in private colleges could range from Rs 2.5 lakh to over Rs 6 lakh+ ,

For those without means, that would entail a loan of Rs 12 lakh to Rs 30 lakh and hence unaffordable EMIs.

Zero marks & still can be doctor (#NEET). Society deserves the doctors, it chooses and nurtures.


Rot of exorbitantly expensive medical education and lowered merit  has been systematic. Aspiring doctors are now forced to pay exorbitant fee,  in millions. Many go under heavy debt to pay medical colleges fee. Children with lower ranks in merit pay millions and can  become doctors. The real problem here is that real deserving will be left out.

Medical students from the very onset are victim and witness to  these practices and   exploitation. They see their parents pay this unreasonable fee through their noses or take loans. Such blatant injustice  will have an everlasting effect on the young impressionable minds. Society gives them lessons of corruption and exploitation.

Our society fails to develops a robust system of choosing and  nurturing  good doctors and therefore  itself responsible for decline in standards of medical profession.

Some MBBS students got zero or less in NEET papers

With no cut-off for individual subjects – physics, chemistry and biology—in the NEET entrance exam, at least 400 students with single-digit marks in physics and chemistry and 110 students with zero or negative marks in them have been admitted for MBBS in 2017, mostly in private colleges. This raises a question. If getting zero in these subjects doesn’t make a person ineligible for admission, why bother to test in that subject at all? Interestingly, the original notification to adopt a common entrance examination had stipulated that students should score at least 50% in individual subjects. However, the subsequent notification, which brought in the percentile system, dropped the stipulation on marks in individual subjects. TOI analysed the subject marks of 1,990 students who got admitted to MBBS with NEET scores of less than 150 out of 720 in 2017. it was found that 530 with single-digit marks, zero or less in physics or chemistry or even both.

 

Doctors are just as offshoots of a tree called as society. They essentially are the same as rest of the society.  It is a specialized branch of tree which helps other offshoots of tree to save others.  As  part of same tree, they resemble the parent society, of which they are part.  Society needs to choose and nurture a force of doctors carefully with an aim to combat for  safety of its own people.  

       Apple tree will have apples and musk melons plant will  grow muskmelons only.  One should not expect apples to grow on muskmelon stem. If society has failed to demand for a good and robust system, failed to save them, it should not  rue scarcity of good doctors. Merit based cheap good medical education system is the need of the society. This is in interest of society to nurture good doctors for its own safety.

What is the need to dilute and shortlist around half a million for few thousand seats. Answer to that is simple.  To select and find only those students from millions, who can pay millions to become doctors.  

      Although the whole effort and huge expenditure to become doctors in this way may be really worthless in today’s scenario, considering the difficult times and vulnerability of medical profession. By allowing a intentional dilution of quality  can be advantageous only to  few and detrimental to others. 

If the society continues to accept such below par practices, it has to introspect, whether it actually deserves to get good doctors. Paying the irrational fee of medical colleges may be unwise idea for the candidates, who are not from strong financial backgrounds. But at the same time unfortunately, it may be a compulsion and entrapment for students, who have entered the profession and there is no way  forward.  So children have to be careful while choosing medical careers from the beginning.

A famous axiom “as you sow so shall you reap” has an application to health system in this scenario, so people should not rue scarcity of good doctors.     Therefore the quality of doctors who survive and flourish in such system will be a natural consequence of  how society chooses and nurtures the best for themselves.

 

High court asks fixed duty hours for doctors. Can the suggestion end moral enslavement of doctors?


The Delhi High Court on Wednesday said that the standards have to be set regarding the working hours of doctors and the doctor-patient ratio in hospitals.

Although it is first of its kind of acknowledgement of the   need to improve the plight of doctors.  Despite doing all the hard work, the doctors are usually blamed, specially by media and celebrities, for the health malaise. But  the fundamental reasons and inept system remain concealed and issues are put under the carpet deliberately. Therefore this suggestion by court, although represents   tip of the iceberg, but still an important admission of problems the medical   community faces.

The suggestion came from a bench of  High Court after it was told by a private body, tasked to evaluate healthcare quality in the three hospitals in Delhi, that doctors work for excessive hours and there was no set doctor-patient ratio.

Among the numerous problems one of the issues is enslaved kind of duty hours. The   enthusiastic species of doctors   go on doing it for years,  along with never ending studies. There is no count of hours, no money or compensation in most of healthcare systems of world for these inhuman duties, exploited young energy and lives. And then comes the most painful part when they do not get the due respect in the society. Their selfless hard work goes unnoticed and unappreciated most of the time. Most people take this slave like working as guaranteed and do not feel it as any injustice to the  doctors. The  doctors,  while on duty, may be verbally abused, routinely threatened, assaulted or dragged to courts for trivial issues and that too for no faults of theirs. They just become punching bags for the inept healthcare system and invisible medical industry though lives saved by these young men are uncountable and people relieved of pain and agony innumerable.
Though some western countries of European union and NHS medical systems have realized the inhuman duties and are now following a fixed hours duty schedule, but still most of countries and health systems have kept their eyes closed regarding these slave like duty hours and poor work conditions.
A complex  job that also requires doing duties day and night, sometimes for 24 to 48 hours at a stretch without proper meals and sleep. Most of the hospitals don’t even ensure tea and food on these duties for doctors .But these young hardworking people do it gladly and enthusiastically, doing a most noble work saving innumerable lives or relieving countless people of their pain. No rights have ever been defined for the  doctors, only rules of punishment and exploitation.
This great work is not even acknowledged in any way. These duties are merely systematic exploitation of doctors because of:
– sometimes in the name of Hippocratic oath,
– sometimes in the name of morality
– because of the kindness in their hearts
– in the name of suffering and dying patients
– in name of shortage of doctors and staff.
– for fear of courts and medico-legal cases
– for fear of assaults since the number of doctors is less per patient.
– by some administrative systems who use pressure tactics and sometimes
bullying to get work done
– by similar widely prevalent culture in most hospitals
– for sake of their career and higher degrees
– for sake of employment
– in the name of training , and in many more ways.

Court has definitely noble intentions by suggesting some regulations. But   for achieving the said goal,  which looks like a  distant dream to doctors, a strong will is required from administrators. Till society understands the concealed sense of enslavement that remains hidden, while performing these duties, the suffering of the profession will not end.  A problem that is clearly visible to every one,  but not admitted till now,  is in itself an evidence for a difficult scenario to be implemented.

I wonder if this is perceived as normal and routine then what else does slavery constitute?

 

 

Homosexuality not a psychiatric disorder:Indian Psychiatry Society (IPS) . criminalization affects mental health: Supreme court


 

The Indian Psychiatry Society (IPS) said homosexuality was not a psychiatric disorder. Coming out in support of decriminalising homosexuality, the IPS said in a statement on Saturday that it recognised “same- sex 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 any such attempts may, in fact, lead to low self-esteem and stigmatisation of the person,” the society added. The IPS had, in 2017, constituted a task force on lesbian, gay, bisexual and transgender issues. The task force, now partially reconstituted, continues its work to endorse the stance that homosexuality “should not be considered a mental illness, much less a crime”. It also said its position was in line with that of the American Psychiatric Association and the International Classification of 7/12/2018 Homosexuality not a crime, says Indian Psychiatry Society . Diseases of the World Health Organisation which removed homosexuality from the list of psychiatric disorders in 1973 and 1992 respectively. In 2009, the Delhi High Court had decriminalised Section 377, an order that was set aside by the SC in 2013. In January, the apex court said it would revisit the constitutional validity of Section 377 and referred the matter to a constitution bench.

 

The Supreme Court said  “Once the criminality of consensual gay sex goes away, then related issues like social stigma and discrimination against the LGBTQ community will also go” . Observing that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community, a five-judge constitution bench, hearing petitions seeking decriminalisation of 158-year-old colonial law under Section 377 of the IPC, said discrimination against such people has also adversely impacted their mental health.

The bench then said the LGBTQ (lesbian, gay, bisexual, transgender and queer) community faced the stigma because of the criminality attached to consensual same-sex relationship. “Once the criminality (under section 377) goes, then everything will go (all the bars, social stigma and others),” the benchsaid. “Over the years, we have created an environment in the Indian society which has led to deep-rooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also,” the bench said on the third day of crucial hearing to decide the constitutional validity of Section 377 of the Indian Penal Code (IPC).

 

Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. Referring to the provision of the Mental Health Care Act, the bench said, “it also recognises the fact that such persons cannot be discriminated against on the ground of sexual orientation”.

 

On Wednesday, the government had left it to the apex court to test the constitutional validity of section 377 of the IPC which criminalises “consensual acts of adults in private”, urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.  Govt leaves it to SC’ wisdom to decriminalise gay sex Taking note of the Centre’s submission that other issues like gay marriages, adoption and ancillary civil rights of LGBTQ community should not be dealt, the court said it was not considering all these issues. The bench had said it would test the validity of the law in relation to the consensual sexual acts of two adults and if it decides to strike down the penal provision then it would remove “ancillary disqualification” of LGBTQ community members who can join services, contest elections and form associations. There are  reports of Indian and American psychiatric bodies and said homosexuality was a normal sexual orientation.

 

https://timesofindia.indiatimes.com/india/homosexuality-not-a-crime-says-indian-psychiatry-society/articleshow/64911235.cms

https://timesofindia.indiatimes.com/india/supreme-court-once-criminality-of-section-377-goes-stigma-against-lgbtq-will-also-end/articleshow/64959395.cms

 

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