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.
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Explosion near CRPF School in Delhi caused by lit cigarette butts: Report
New Delhi: The investigation team that probed the explosion that took place outside the CRPF School in the Prashant Vihar area of the city on October 20 morning has reportedly not found any terror force behind the blast.
The investigation team, consisting of Delhi Police and staff members from central agencies, has stated in its report that cigarette butts thrown by a local resident might have come in contact with industrial waste and have caused the explosion. Circumstantial evidence does not show the incident to have a terror angle to it, reports The Indian Express.
The Delhi Police, the city bomb squad and the fire brigade had rushed to the spot following the explosion, which was initially believed to have been caused by a crude bomb. The forensic experts who inspected the spot hinted at the presence of potassium chlorate, hydrogen peroxide and some electrical wires there. The school wall had been damaged and the windows of a car nearby had shattered in the explosion.
The investigation team scanned the CCTV camera footage and zeroed in on around 10 people questioned. A senior police officer said that a North Delhi-based businessman from Prashant Vihar was found to be present at the spot around five minutes before the explosion, as he had come there on Sunday morning to walk his dog. The CCTV footage showed him smoking and, after questioning him, the team concluded that he had left lit cigarette butts before leaving the spot, the officer added.
The spot where the explosion took place is learned to have been usually used for dumping garbage and also has a public urinal.
An officer has said that the Delhi Police had consulted forensic and technical experts of the National Security Guard regarding the things found on the explosion site but are yet to get the report. The officer added that they have found no detonator so far.
