(Photo by Rahul Sapra via Bigstock)
The Indian Home Ministry in a surprising development on July 15 sent a note to state and territorial officials and prison administrators that acknowledges queer prisoners regularly face discrimination and violence because of their sexual orientation and gender identity.
The government has asked all states and territories to ensure queer people receive equal rights in their prison. The government has also instructed state and territorial officials to prevent discrimination in relation to accessing goods and services inside their prisons, especially visitation rights.
The directive mandates prison officials allow inmates to meet with family members, relatives, friends and legal representatives at least once every two weeks.
Referencing the Model Prison Manual, 2016, the government emphasized prisoners should be granted reasonable facilities to see or speak with their family members, relatives, friends and legal representatives. This access is crucial for preparing an appeal, securing bail or arranging the management of property and family affairs. The directive is also seen as a significant effort to ensure LGBTQ+ inmates’ rights and dignity are upheld.
The ruling government, led by Prime Minister Narendra Modi, has, for the first time, explicitly referenced the “queer community” in a directive that seeks to end discrimination against them. This directive marks a significant shift in government policy.
It states conversations during these interviews should be limited to private and domestic matters, explicitly prohibiting any references to prison administration, other prisoners or politics.
According to the Model Prison Manual, 2016, Rule 8.03 states the number of people who may interview a prisoner at one time shall ordinarily be limited to three. The manual also directs interviews with female prisoners should, if possible, take place in female-specific cells or rooms.
“It is reiterated that these provisions equally apply to members of the queer community, allowing them to meet a person of their choice without any discrimination or judgment,” it reads.
The Home Ministry has also urged authorities to make prison officials at all levels more sensitive to queer inmates.
It emphasized the importance of treating all people equally in a fair and just manner, with a particular focus on ensuring that no one, especially those belonging to the queer community, faces any form of discrimination.
“Prisoners may communicate with their visitors, namely family members, relatives and friends through physical or virtual mode, under proper supervision of prison authorities,” reads the directive. “Visitors to inmates shall be verified/authenticated through biometric verification/identification.”
The directive also notes foreign prisoners may communicate with their family members and consular representatives, as rules dictate.
According to the report “Lost Identity: Transgender Persons in Indian Prisons,” the Commonwealth Human Rights Initiative published, a total of 214 transgender people were incarcerated in different prisons across the country between May 2018 and April 2019.
The report noted a glaring lack of awareness programs among prisoners regarding the legal recognition of trans people as a legal identity, with the sole exception of Karnataka state since 2014. The report also highlighted a significant oversight: No trans people had been hired by prison departments in any state or territory.
The report further pointed out none of the prisons included any courses in their Prison Training Institute’s curriculum that focused on awareness and sensitization of LGBTQ+ communities and their rights.
The Supreme Court in 2018 took a monumental step towards prison reform.
A 3-member committee that now retired Justice Amitava Roy examined the myriad issues facing the Indian prison system and made a series of recommendations. Persistent prison overcrowding and overall conditions are two of the myriad issues the committee reviewed.
The committee in 2022 issued its report, which included a chapter titled “Transgender Prisoners.”
This chapter emphasized efforts to separate trans people from other prisoners for safety and security reasons must not lead to their seclusion or isolation. It also underscored the need to ensure measures undertaken to protect trans prisoners do not inadvertently result in their marginalization, highlighting the importance of maintaining their integration and dignity within the prison community.
Sadam Hanjabam, founder of Ya.all, northeast India’s first registered LGBTQ+ youth-led organization that the U.N. recognizes, told the Washington Blade the ministry’s announcement is a good step. He said officials are not only looking at transgender community but LGBTQ as a whole spectrum.
“It is hopeful that at least people will have access to services without discrimination whether legally or in prison services,” said Hanjabam. “We hope that it could be this is towards more inclusive step.”
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on X at @mohitkopinion.
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