MHA Releases Advisory To Facilitate Transgender Persons In Prison

The Ministry of Home Affairs (MHA) has released an advisory for the treatment and care of transgender persons in prison on Monday, January 10. The MHA has shared suggestions with all state and union territories (UT) prison authorities to ensure the safety of transgender persons and protect them against any form of exploitation in the context of prison and correctional facilities.

Tha advisory states that any person recognised as a transgender person under the Transgender Persons (Protection of Rights) Act, 2019 shall have a right to self-perceived gender identity.

What Does The Advisory Suggest?

The advisory for transgender persons in prison shared on the website of the Ministry of Home Affairs presented the following suggestions to the Chief Secretaries/Administrators and Director General/ IG (prisons) of all the States and UTs:

• The transgender persons shall be provided with suitable accommodation and facilities as per their gender identity. They must be allotted with individual enclosure/wards separated from males and females, which should not result in their complete isolation or propagation of social stigma. Their right to privacy and dignity must be preserved with the allotment of separate toilets and shower facilities for transmen and transwomen.
• At all times, the self-identity of transgender persons shall be respected concerning their admission procedures, medical examination, search, lodging, clothing, requisitioning of police escorts, treatment and care inside prisons. If any person requests for acquiring the Transgender identity certificate, the authorities must facilitate by registering them on the Online National Portal for Transgender Persons.
• The Prison Admission register and Prison Management System shall revise to include transgender as a category in their records. In discrepancy of self-identified gender of a person on a court warrant, the superintendent and legal services authorities must assist the person in making an application for change in gender identity.
• A transgender person's safety, privacy, and dignity must be ensured while conducting a search, which shall be conducted by a person of their preferred gender or a trained medical professional or a para-medic with the essential training.
• The transgender prisoners shall have access to necessary healthcare services similar to other inmates without any discrimination based on their gender identity. If appropriate cannot be provided, they shall be referred to healthcare professionals specialising in the area.
• Like every other prisoner, transgender persons shall be allowed similar interaction with the outside world, such as family members (natal or chosen), relatives, friends and legal advisers.
• Aftercare planning by the Probation/ Welfare/ Rehabilitation Officer to include and affirm families of choice of the transgender person and specific health needs of transgender persons.
• The MHA suggested designing training modules in collaboration with the Ministry of Social Justice & Empowerment, prison training institutes, state health department, human rights commission, Legal Services Authorities and with representatives from transgender communities, etc., for the overall development of transgender persons.

Also, the MHA has directed the state and UT authorities to appropriately brief and sensitise the prison officials of the advisory for the treatment and care of transgender persons in prison and take necessary action for their welfare, etc.

Also Read: Kerala Sets Example In Inclusivity, Inducts Transgenders In Police