JUDGMENT

Dated this the 7th day of September,2021 S. MANIKUMAR,CJ.

Petitioners have filed the instant writ petition for the following reliefs:

A. To issue a writ of Mandamus directing the respondents 1 and 2 to revise Exhibit P4 to P12 text books and curriculum thereby remove the unscientific data and contains inhuman, derogatory remarks_against the transgender community and sexual minorities;

B. To issue a writ of mandamus directing the respondents 1 and 2 to consider Exhibit P13 and make revise the text books and curriculum in tune with law laid down by Hon'ble Supreme Court of India in National Legal Service Authority vs Union Of India AIR 2014 SC 1863and Navtej Singh Johar v. Union of India (2018) 10 SCC 1;

C. To issue a writ of mandamus directing the respondents 4 to 6 to consider Exhibit P14 and take appropriate actions and revising the text books and curriculum in tune with law laid down by Hon'ble Supreme Court of India in National Legal Service Authority vs Union Of India AIR

2014 SC 1863and Navtej Singh Johar v. Union of India (2018) 10 SCC 1;

2.Subject matter of the writ petition is to expose the infringement on the fundamental and constitutional rights of the sexual minority group of Lesbian, Gay, Bi-sexual, Transgender commonly referred as LGBTQ community. LGBTQ community is aggrieved by the discriminatory remarks and inhuman references used in the medical text books prescribed for medical courses in India, and according to the petitioners, which stereotypes this community's sexual or gender identities as an offence, mental disorder or perversion.

3. According to the petitioners, such references are made in the text books despite the fact that the said community's rights are recognized by the Hon'ble Supreme Court of India and decriminalized homosexual sex between consenting adults. It is also submitted that such remarks, stereotyping the LGBTQ community in an inhuman way, infringes their right to have a dignified life guaranteed under Article 21 of the Constitution of India and discriminates the said community from the social order, thereby violating Article 14 of the Constitution of India. Hence the instant writ petition is filed.

4. Though by referring to the contents of various texts, petitioners have alleged that the discrimination of transgenders commonly referred as LGBTQ, is violative of the rights guaranteed under Articles 14 & 21 of the Constitution of India and thus prayed for a direction to the National Medical Commission, New Delhi, represented by its Chairman and Under-Graduate Medical Education Board, New Delhi, represented by its President - respondent Nos. 1&2 to revise Exhibits P4 to P12 text books and curriculum, thereby remove the unscientific data and contains inhuman, derogatory remarks against the transgender community and sexual minorities, Mr.Legith T. Kottakkal, learned counsel for petitioners, submitted that petitioners would be satisfied, if a direction is issued to National Medical Commission, New Delhi, represented by its Chairman and Under- Graduate Medical Education Board, New Delhi, represented by its President - respondent Nos. 1 & 2 respectively, to consider Exhibit P13 and further satisfied that, if this Court directs Kerala University of Health Sciences, Thrissur, represented by its Registrar, Directorate of Medical Education, Thiruvananthapuram, represented by its Director and State of Kerala, Department of Health and Family Welfare Department, Government Secretariat, Thiruvananthapuram, represented by its Secretary – respondent Nos.4 to 6, to consider Exhibit P14 and take appropriate steps.

5. Mr.Titus Mani, learned counsel for respondents 1 & 2, submitted that he has no objection in directing consideration of Exhibit P13, Mr.K.P.Harish, learned Senior Government Pleader, appearing for respondent Nos.4 to 6, submitted that Exhibit P14 representation may be directed to be considered in accordance with law.

6. However, Mr.P.Sreekumar, learned Standing Counsel, appearing for Kerala Univer