The revised Competency-Based Medical Education(CBME) Guidelines recently issued by the National Medical Council(NMC) have re-categorised ‘Lesbianism’ and ‘Sodomy’, as ‘sexual offences’ and transvestism as sexual perversion at the head of other changes; doctors, disability rights and LGBTQIA+ rights activists have called for an immediate redressal and annulment of the same.
The New CBME guidelines issued for the MBBS curriculum, to be implemented in the 2024 term have attracted vast censure from the community of doctors and activists alike, given, what is claimed to be ‘regressive’, changes in the light of the previous revision by the NMC in 2022, in response to directives from the Madras High Court. Omissions done in the module then have been reintroduced, to wit, the recognition of ‘Lesbianism’ and ‘Sodomy’ as ‘sexual offences’ and the re-inclusion of transvestism in the category of ‘sexual perversions’ alongside fetishism, voyeurism, sadism, necrophagia, masochism, exhibitionism, frotteurism and necrophilia. It has notedly excluded the mandatory seven-hour competencies for disability, a part of the foundation course. Its medical ethics module has also discarded any topics on disability.
The 2022 modification had left ‘Lesbianism’ and ‘Sodomy’ out from under ‘unnatural sexual offences’ and asserted that the ‘two-finger test’ for virginity is strictly “unscientific”, endeavouring to train students to relay the same onto to courts which ordered it. The medico-legality of the hymen had also been de-emphasised, as was to have been in due course, given that the SC had ruled it out years back.
Changes to the psychiatry module significantly shifted focus onto the study of the spectrum of gender and sexuality, and aimed for the students to be educated on matters of sexuality, gender dysphoria, intersexuality and such topics to no longer be considered as “psychosexual and gender identity disorders”. The same module included detailed distinctions between the concepts of sex and gender, in order to sensitise students to topical and social issues that they might encounter whilst handling patients from diverse backgrounds and social realities.
The new curriculum has undone the changes it had made in the 2022 revision, without citing any reasons for the same. Topics such as the dated ideas of the ‘importance’ of virginity and defloration have been brought back, the psychiatry module has excluded all details regarding sexuality and gender identity, and no longer differentiates between ‘consensual sex between queer individuals’ and offences such as bestiality, incest and adultery. Attempts to contact authorities involved in the decision making process have yielded no results.
Transgender and Disability Rights activists have expressed thorough discontent with the revised curriculum and have voiced their intention to the appeal to the World Federation for Medical Education to take action in the event of NMC’s failure to do so.
Dr. Aqsa Shaikh, Professor of Community Medicine at Hamdard Institute of Medical Sciences and Research and transgender rights activist gave the following statement on the issue-
,“NMC had itself issued the new curriculum for forensic medicine and weeded out queerphobic content from the medical curriculum after being directed by Madras High Court. But in the latest edition of its guidelines, it still seems to be frozen in time in pre- 377 abrogation era and calling sexual acts like anal sex, oral sex as unnatural sexual offences, and adultery as crime and transvestism as a sexual fetish,” further adding that the change is reminiscent of the reversion to archaic ideals noted in the Bharatiya Nyaya Sanhita(BNS).
Addressing concerns regarding the inadequate information on disabilities and surrounding issues in the 2024 curriculum, Dr. Satendra Singh, Director Professor of the Department of Physiology, University College of Medical Sciences and GTB Hospital, Delhi, and prominent disability rights activist, said
“The MBBS curriculum for 2024 is a significant letdown in social responsibility. With great difficulty and judicial advocacy, we succeeded in including disability and LGBTQ rights in the new competency-based medical education curriculum.”
And further highlighted that the new CBME guidelines are in violation of the ‘Transgender Persons Protection Act 2019’, ‘Section 39 (2)(f) and Section 47 (1) (b) of the Rights of Persons with Disabilities Act, 2016’, both of the latter of which mandate the “inclusion of the rights of persons with disabilities in the curriculum of universities, colleges and schools” and “the integration of disability as a component in all educational courses for university teachers, doctors, nurses, and paramedical personnel”, respectively, writes Bindu Shajan Perappadan .
Dr. Singh has filed for transparency concerning the decision-making process behind the 2024 revision of the curriculum under the Right To Information Act, as well as, with Dr. Sanjay Sharma from the Association of Transgender Health in India, written to the Union Health Minister J. P. Nadda, stating “We, therefore, appeal to you to use the influence of your high office to correct this wrong which not only directly impacts the interests of persons with disabilities, the transgender and gender-diverse individuals, persons with differences in sexual orientation and persons with differences in sex development, but also damages the image of our nation in the international fora.”
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Aayudh Pramanik