Indian Home Ministry instructs prisons to protect trans inmates
August 2, 2024In an unexpected move on July 15, the Indian Home Ministry issued a note to state and territorial officials, as well as prison administrators, acknowledging that queer prisoners regularly experience discrimination and violence due to their sexual orientation and gender identity.
The government has instructed all states and territories to ensure that queer individuals receive equal rights in prison. Furthermore, it has directed officials to prevent discrimination in accessing goods and services within prisons, particularly with regard to visitation rights.
The directive mandates that prison officials allow inmates to meet with family members, relatives, friends, and legal representatives at least once every two weeks, according to ‘Washington Blade’.
Referring to the Model Prison Manual, 2016, the government stressed that prisoners should have reasonable facilities to see or speak with family members, relatives, friends, and legal representatives. This access is crucial for preparing an appeal, securing bail, or managing property and family affairs. The directive is viewed as a significant measure to uphold the rights and dignity of LGBTQ+ inmates.
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For the first time, the ruling government under Prime Minister Narendra Modi has explicitly mentioned the “queer community” in a directive aimed at ending discrimination against them. This marks a significant shift in government policy.
The directive stipulates that conversations during these visits should be restricted to private and domestic matters, explicitly banning any discussion related to prison administration, other prisoners, or politics.
According to the Model Prison Manual, 2016, Rule 8.03 states that the number of people allowed to interview a prisoner simultaneously is usually limited to three. Additionally, it directs that interviews with female prisoners, if possible, should take place in female-specific cells or rooms.
“It is reiterated that these provisions equally apply to members of the queer community, allowing them to meet a person of their choice without any discrimination or judgment,” the directive reads.
The Home Ministry has also urged authorities to sensitise prison officials at all levels to the needs of queer inmates.
It emphasised the importance of treating all individuals equally and justly, with a particular focus on ensuring that no one, especially those from the queer community, faces discrimination.
“Prisoners may communicate with their visitors, namely family members, relatives, and friends through physical or virtual mode, under proper supervision of prison authorities,” the directive states. “Visitors to inmates shall be verified/authenticated through biometric verification/identification.”
The directive also specifies that foreign prisoners may communicate with their family members and consular representatives, as per existing rules.
The report “Lost Identity: Transgender Persons in Indian Prisons” by the Commonwealth Human Rights Initiative highlighted that a total of 214 transgender individuals were incarcerated in various prisons across the country between May 2018 and April 2019.
The report noted a significant lack of awareness programs among prisoners regarding the legal recognition of trans people as a legal identity, with Karnataka state being the sole exception since 2014. Furthermore, it pointed out that no trans people had been employed by prison departments in any state or territory.
Additionally, the report highlighted that none of the prisons included courses in their Prison Training Institute’s curriculum that focused on awareness and sensitisation of LGBTQ+ communities and their rights.
In 2018, the Supreme Court took a monumental step towards prison reform.
A three-member committee led by now-retired Justice Amitava Roy examined various issues plaguing the Indian prison system and made several recommendations. Persistent prison overcrowding and the overall conditions were among the many issues reviewed by the committee.
In 2022, the committee released its report, which included a chapter titled “Transgender Prisoners.”
This chapter emphasised that efforts to separate trans people from other prisoners for safety and security reasons must not lead to their seclusion or isolation. It also highlighted the importance of ensuring that measures to protect trans prisoners do not inadvertently result in their marginalisation, stressing the necessity of maintaining their integration and dignity within the prison community.
Sadam Hanjabam, founder of Ya.all, northeast India’s first registered LGBTQ+ youth-led organisation recognised by the U.N., told the Washington Blade that the ministry’s announcement is a positive step. He noted that officials are considering the entire LGBTQ+ spectrum, not just the transgender community.
“It is hopeful that at least people will have access to services without discrimination, whether legally or in prison services,” said Hanjabam. “We hope that this could be a move towards a more inclusive step.”
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