States asked to set up separate wards for transgender inmates

No record of transgender inmates in Nagaland prisons, says Rupin Sharma

Our Reporter
Dimapur, Jan. 12 (EMN): States have been directed to set up separate wards for transgender inmates with adequate preservation of right to privacy and dignity including separate toilets and shower facilities.

In a letter addressed to the chief secretaries and Director General/Inspector General (Prisons) of all states and union territories, Deputy Secretary to the government of India Arun Sobti have asked to revise the prison admission and include “transgender” as a category other than male and female genders, and also in the prison management system in maintaining electronic records of the prisons.

In the context of Nagaland, Director General Prisons, Home Guards, Civil Defence and SDRF, Rupin Sharma informed that there were no transgender inmates in the state prisons at present and no record of transgender inmates in the past as well.

While informing that there was no separate ward for transgender in the state and added that separate wards ‘would not be necessary’ in the state because there was ‘enough space’.

There will be no problem of privacy if “they are put on one side of the barrack”, he added.

He said that the need for separate wards comes in when the prison is overcrowded with inmates ‘but the prisons in Nagaland have enough space’.

The deputy secretary to the central government had also advised the states to follow certain protocol in the treatment and care of transgender.

It stated that in a case where the court warrant does not mention the self-identified gender of the person or if the gender mentioned is disputed by the person, the superintendent may, with the assistance of legal service authorities, assist the person to make an application for change in gender identity.

It asked the Chief Secretaries and Director Generals to brief and sensitise the prison officials and take appropriate action for the protection of rights of transgender prisoners and their welfare.

To protect the transgender against any form of exploitation in the context of prisons and correctional facilities, the letter suggested that a transgender would have the right to be recognised in accordance with the provision of the Transgender Persons Act, 2019.

“In exercise of the powers conferred under the Act, the Government of India notified the Transgender Persons (Protection of Rights) Rules, 2020 on September 25, 2020 and a transgender person can obtain a certificate of identity, welfare measures for transgender persons, their education, social security, health, and provisions for non-discrimination,” it read.

Self-identity of transgender persons must be respected at all times, it added.

It said that a search of a transgender person may be conducted by a person of their preferred gender or by a trained medical professional or a para-medic with necessary training on conducting the search, and at the stage where the search procedure requires stripping, it must be done in a private room or partition.

‘Transgender prisoners shall enjoy the same standards of health care available to other inmates and should have access to necessary health-care services without discrimination on the grounds of discrimination,’ it stated.

After-care planning by the probation, welfare or rehabilitation officer should include and affirm families of choice of the transgender person and specific health needs of transgender persons with regard to their mental health and gender affirmative processes, the letter stated.

It also suggested that training modules may be devised in collaboration with Ministry of Social Justice and Empowerment, prison training institutes, state health department, human rights commission, legal services authorities and with representatives from transgender communities, for developing an understanding of gender identity, gender dysphoria, Human Rights, sexual orientation and legal frameworks for transgender persons.