Facts of the Case:

Sunpreet Singh, an advocate, filed a petition before the Punjab & Haryana High Court, highlighting the need for separate lockups and toilets for transgender individuals in police stations and prisons. The plea emphasized that transgender persons, recognized as a third gender, require dedicated facilities in order to safeguard them from potential mental and physical harassment. This request was grounded in the Supreme Court’s ruling in NALSA v. Union of India (2014 INSC 275), which recognizes transgender rights. Singh’s petition also cited the Patna High Court’s decision in LAW Foundation v. State of Bihar & Ors.( Civil Writ Jurisdiction Case No.2658 of 2022), where the court directed the creation of separate cells and wards for transgender persons in Bihar prisons.

Contentions of the Parties:

Petitioner’s Contention: The petitioner argued that transgender individuals face significant risks of abuse and sexual violence in custodial settings, particularly in shared spaces with male inmates. Therefore, separate cells, wards, and toilets should be provided in prisons and police stations to protect their rights and ensure their dignity, in line with the Supreme Court’s decision in NALSA v. Union of India.

Punjab Police’s Response: In an affidavit, the Punjab Police acknowledged that there are no separate lockups or toilets for transgender persons in district police stations. However, they assured that when a transgender person is brought to a police station, their identity is verified either through medical examination or through official identification documents such as an Aadhaar card or Voter ID.

Measures Enumerated in LAW Foundation v. State of Bihar & Ors:

In LAW Foundation v. State of Bihar & Ors., the Patna High Court highlighted the steps to protect transgender persons in conflict with the law, particularly those housed in jails and police custody. These measures, implemented by the Bihar prison authorities, are as follows:

1. Creation of Separate Cells: The Court directed the creation of separate cells in all jails to house transgender inmates. This ensures that transgender persons are not housed with male or female inmates, reducing the risk of mental and sexual harassment.
2. Issuance of Guidelines: The Ministry of Home Affairs, Bihar, issued instructions on January 10, 2022, mandating specific protections for transgender inmates, which include segregation from other prisoners. The prison authorities were tasked with implementing these guidelines in letter and spirit.
3. Segregation in Lock-Ups: The authorities were instructed to ensure that transgender inmates in police custody are separated from male and female inmates. This segregation may take place in isolation wards, hospitals, or separate lock-ups within police stations.
4. Protection from Harassment: The Court emphasized the need for protecting transgender inmates from sexual and mental harassment, instructing prison and police authorities to take preventive measures to safeguard these vulnerable individuals.
5. Follow-Up Mechanism: The petitioner was given the liberty to submit written communications to the Principal Secretary of Home Affairs in case of any unresolved grievances. The authorities must respond to such grievances in writing, explaining the reasons for any actions taken.
6. Commitment to Guidelines: The State of Bihar was ordered to ensure that the guidelines issued by the Government of India, regarding the treatment of transgender inmates, are properly implemented.

Court’s Observation:

The Punjab & Haryana High Court took cognizance of the petition and sought responses from the governments of Punjab, Haryana, and the Union of India. The court is examining the matter and has listed it for further hearing on September 27. The case raises important questions regarding the rights and protection of transgender individuals in custodial settings, particularly in the absence of necessary infrastructure like separate lockups and toilets.

– Deeksha Rai