Dr. PK Gupta has been summoned by a Delhi High Court and accused for violating norms. He was banned by the Delhi Medical Council (DMC) for indulging in bizarre practices which claimed to treat gay and lesbian people using electric shocks and termed homosexuality as a "genetic mental disorder".
The court took note of a complaint against Gupta by the DMC, which claimed that he was using hormonal and shock therapy to provide treatment.
The DMC had debarred Gupta from practicing in 2016, but he continued to do so against official orders, he was liable for prosecution.
Metropolitan magistrate Abhilash Malhotra said treatment given by doctors as a part of "conversion therapy" was not recognized either by medical science or by legislature.
Conversion therapy is an age-old homophobic practice which is an attempt to change a person's sexual orientation using psychological or spiritual interventions.
The court summoned the doctor as accused saying he was prima facie found to be contravening a provision of the Indian Medical Council Act which entails a maximum of one year jail term.
"It is amply clear that the legislature in its prudence and vision did not thought sexual orientation to be part of mental illness. Accordingly, it is clear that the treatment given by the doctors as a part of 'conversion therapy' is not recognized either by the medicine or by the legislation," the magistrate said.
The court said from the complaint, it was prima facie clear that Gupta was practicing as a doctor in Delhi despite being debarred by the DMC.
A person found practicing without registration, even qualified, shall be liable for action specified by the council, it said.
The court, in its summons, also discussed the Supreme Court judgment that was passed on September 6, 2018, decriminalizing consensual homosexual acts between two adults.
Initially, the council received a letter from Anjali Gopalan, executive director of Naz Foundation Trust (India), informing it about a news report in 2015 where some doctors advocated for 'conversion therapy' claiming to convert "homosexuals into heterosexuals".
According to the news report, some doctors including Gupta were using hormonal therapy, shock treatment and medications to treat homosexuals as if they are suffering from some disease.
The letter also referred to another news article which said the dubious procedure included talk therapy which could lead to depression, anxiety, seizures and suicidal tendencies.