Transgenders And Prison: Need For Special Cells For Transgender Inmates
- IJLLR Journal
- Jun 26, 2022
- 1 min read
Zainab Sana Tarannum, LL.M (Human Rights and Criminal Law), National Law Institute University, Bhopal
CHAPTER I
INTRODUCTION
In a Right to Information (RTI) application filed by civil society Commonwealth Human Rights Initiative1, it was found that the National Crime Bureau in annual prison statistics of India does not have an official number of inmates who identify are identified as transgender in India. After the landmark judgment, Transgender still feel insecure and without dignity in India. On 11 January 2021, the union sent recommendations to the state and union territory to ensure that transgender inmates have a separate cell so that their right to dignity can be ensured2. As per March 2019- April 2020 statistics there are 214 transgender inmates in India. Uttar Pradesh (47) and Telangana (40) had the highest number of transgender inmates during this period while Odisha (20), Karnataka, and Madhya Pradesh (18 each) were other states with a higher number of such prisoners3. It is submitted that not having separate cells or prisons for the transgender community is a violation of their sexual and mental health. The undertrial trial prisoners & prisons authorities are both involved in the sexual exploitation of transgender people. There are no special toilets available for transgender in prison they have to use the common wash area which violates their right to privacy. Only ten states, including Karnataka, Andhra Pradesh, Telangana, Gujarat, Maharashtra, and Rajasthan, keep transgender inmates separately from male and female inmates.
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