States to provide separate wards and toilets for transgender people in jails

The Centre has requested states to protect transgender people's rights in prisons by establishing separate wards to shield them from exploitation.

The Union Home Ministry said in a statement to the chief secretaries of all states and Union Territories that the Transgender Persons (Protection of Rights) Act, 2019 allows for the acknowledgment of transgender people's identities, prohibition of discrimination, and government welfare measures.

A transgender person has the right to be recognized as such by the law, as well as the right to self-perceived gender identity.

It says, "Appropriate arrangements for providing suitable accommodation and facilities in accordance with their gender identity may be made in the prisons," it said.

"A separate enclosure or wards for transgender inmates for transmen and transwomen may be ensured and also such enclosures should be separate from male and female wards or enclosure," it said.

However, the statement stated that while a separate enclosure for transgender prisoners is provided, the prison authorities should take care to ensure that this does not result in their full isolation or perpetuate social stigma among such convicts. It further says, “There should also be adequate preservation of the right to privacy and dignity in regard to separate toilets for transmen and transwomen as well as shower facilities."

In admission procedures, medical examinations, searches, accommodation, clothes, requisitioning of police escorts, and treatment and care inside jails, the home ministry stated that transgender people's self-identity must be respected at all times.

Over and above the realm of rehabilitation, aftercare, and prisoner welfare, states and UTs were required to ensure the unique health needs of transgender people in reference to their mental health and gender-positive processes.

The training modules, according to the home ministry, could be developed in collaboration with the Ministry of Social Justice and Empowerment, prison training institutes, state health departments, human rights commissions, Legal Services Authorities, and representatives from transgender communities, among others, to help transgender people understand gender identity, gender dysphoria, human rights, sexual orientation, and legal frameworks.

It further stated that medical personnel should be trained on transgender care standards, transgender people's freedom to choose their self-identified gender, and establishing public and prisoner awareness programs on transgender people's rights.