The Supreme Court Committee on Prison Reforms has emphasized the equal treatment of transgender prisoners, urging that they should enjoy the same rights and facilities as other inmates. Led by former Justice Amitava Roy, the committee’s recommendations include training for prison staff to interact respectfully with transgender prisoners and curbing abuse through workshops. The committee stressed that states and prison departments must take effective measures to eliminate discrimination, violence, and other harm against transgender prisoners.
The committee’s final synopsis, dated December 27, 2022, comprises chapters on various prison-related issues. The chapter on transgender prisoners emphasizes that they should not be isolated or secluded due to safety concerns. The Supreme Court had set up this committee in September 2018 to address jail reforms, including overcrowding.
The committee collected data on incarcerated transgender prisoners and found that identification and segregation often rely on biological factors rather than self-identified gender. Only some states and Union Territories have designated complaint officers for transgender inmate grievances, as outlined in the Transgender Persons (Protection of Rights) Act, 2019.
The committee recommended revising the Model Prison Manual, 2016, to incorporate provisions from the Transgender Persons Act, 2019. Specific guidelines for transgender prisoners’ needs, documentation, search procedures, placement, medical care, and recreational/educational activities should be included. Adequate sanitation facilities with separate bathing and toilet areas are essential, and comprehensive health check-ups and socio-psychological evaluations upon admission are recommended.
Furthermore, transgender prisoners should be encouraged to participate in vocational training and skill development programs without restrictions. The Supreme Court’s hearing on these matters is scheduled for September 26. The committee’s recommendations underline the importance of treating transgender prisoners equally and safeguarding their rights and well-being.