Transgender persons to get separate jail wards, facilities
- Transgender inmates will soon get a separate enclosure/ward in prisons to ensure their right to privacy and dignity.
- While providing exclusive space prison, officials will ensure that they are not completely isolated from others.
- The advisory was issued in light of the Transgender Persons (Protection of Rights) Act, 2019, which came into effect from January 2020.
About
- The Transgender Persons (Protection of Rights) Act defines a transgender person as one whose gender does not match the gender assigned at birth.
- It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities.
- A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
Key points
- The advisory issued by the Ministry of Home Affairs contained provisions related to:
- Infrastructure in Prisons:
- Separate enclosures or wards and separate toilets and shower facilities for transmen and transwomen to preserve the right to privacy and dignity of the inmates.
- Respect Self-identity:
- The self-identity of transgender persons must be respected at all times while conducting admission procedures, medical examination, frisking, clothing, requisitioning of a police escort, treatment and care inside prisons.
- Prisons to facilitate the process of acquiring the transgender identity certificate under the transgender person law if such a request is made.
- Search Protocol:
- Searches should be carried out by a person of their preferred gender or by a trained medical professional or a paramedic trained in conducting searches.
- The person conducting the search must ensure the safety, privacy and dignity of the person being searched.
- Advisory was also related to Admission in Prison, access to healthcare, Communication with the outside world
- Similar awareness must also be spread among other prisoners.
Major Initiatives Related to Transgender
- Transgender Persons Act, 2019: It defined Transgender person.
- It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
- Judgements of the Supreme Court:
- In National Legal Services Authority (NALSA) v. Union of India, 2014: The SC declared transgender people to be a 'third gender'.
- Provisions of Section 377 of the Indian Penal Code (2018) was quashed: The SC decriminalised same-sex relationships.
- Transgender Persons (Protection of Rights) Rules, 2020: The Central Government made the rules under the powers conferred by the Transgender Persons (Protection of Rights) Act, 2019.
- National Portal for Transgender Persons was launched in consonance with the Transgender Persons (Protection of Rights) Rules, 2020.
- Scheme of ‘Shelter Home for Transgender Persons:
- To provide safe and secure shelter to transgender persons in need, the Ministry of Social Justice and Empowerment is setting up 'Garima Greh' shelter homes for them.