Transgender prisoners must be treated at par with other inmates: says SC panel on prison reforms
New Delhi (PTI): Transgender prisoners must be treated at par with other categories of inmates and should enjoy equal rights and facilities, the Supreme Court Committee on Prison Reforms has said.
In its final synopsis of reports filed in the apex court, the committee headed by former top court judge Justice (retd) Amitava Roy has recommended that jail staff and correctional administration at all levels, particularly the guarding personnel, must be given adequate and regular training in order to equip them to appropriately interact with transgender prisoners.
It said instances of abuse, harassment or violence committed against transgender inmates must be curbed and this may be achieved through a series of workshops and training sessions with relevant resource persons from academia and civil society.
The committee has recommended that the state governments and prison departments should take appropriate and effective measures to eradicate all forms of violence, discrimination and other harm against transgender prisoners.
"Transgender prisoners must be treated at par with other categories of prisoners, and exercise of rights and facilities extended to them (including access to healthcare and medical facilities) must be at par with the latter," the panel said.
The final synopsis dated December 27, 2022 contains nine chapters, including those on unnatural deaths in prisons, transgender prisoners and death row convicts.
In September 2018, the top court had constituted a three-member committee headed by Justice (retd) Roy to look at issues involving jail reforms and make recommendations on several aspects, including overcrowding in prisons.
In the chapter titled 'Transgender Prisoners', the committee has said it is essential to observe that any and all attempts to separate transgender prisoners from other prisoners (for safety and security reasons) must not result in their seclusion or isolation.
While hearing the matter related to conditions prevailing in 1,382 prisons across India, the apex court had on August 29 said the counsel for the parties shall assist it on chapters on women and children in detention, transgender prisoners and death row convicts in the final synopsis for effective implementation of the recommendations.
The top court has fixed the matter for further hearing on September 26.
In the final synopsis, the committee has said it had received data on a set of 50 questions regarding the condition of incarcerated transgender prisoners.
In its major findings, the panel has said 16 states have confirmed that prisoners are identified and segregated based on examination conducted by the jail medical officer "or on the basis of biological identification and/or genitalia, instead of prioritizing the prisoner's self-identified gender".
It said prison authorities of only 13 states and two Union Territories (UTs) have designated a 'complaint officer' to deal with complaints of violation of rights of transgender inmates in prisons as mentioned under section 11 of the Transgender Persons (Protection of Rights) Act, 2019, which deals with the mechanism for redress of grievances.
"Majority of the states and UTs have not formulated welfare schemes for transgender prisoners. Existing welfare schemes are being extended to them. Only seven states and two UTs have specifically provided the measures taken by the prison authorities to facilitate their access to the relevant welfare schemes framed by the government," the committee has noted.
In its recommendations, the panel has said the Model Prison Manual, 2016 needs to be revised and a separate chapter containing specific provisions should be introduced in accordance with the Transgender Persons (Protection of Rights) Act, 2019 for ascertaining their special needs, outlining specific rules on their documentation, search procedures, placement, medical facilities and recreational/ welfare/educational activities.
It said prison departments shall ensure that jails have adequate sanitation facilities with separate bathing and toilet areas exclusively for transgender prisoners.
"A comprehensive health check-up followed by socio-psychological evaluation should be conducted for every transgender prisoner at the time of admission," the committee has said.
It said prison administrations shall ensure that transgender prisoners who wish to participate in vocational training and skill development programmes are encouraged by the prison staff to do so without any restriction and apprehension.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
