Lost Identity: Transgender Persons Inside Indian Prisons

Abstract

This report sheds light on challenges faced by Transgender persons in Indian prisons. The report analyses the international and legal frameworks in the country which provide the foundation for policy formulations with regard to confinement of LGBT+ persons, with particular reference to the Transgender community. This report also documents the responses received to right to information requests filed to prison headquarters across the country, which in addition to providing the number of Transgender prisoners in Indian prisons between 1st May 2018 to 30th April 2019, also provides relevant information on compliance within prisons with existing legal frameworks relevant to protecting the rights of Transgender persons in prisons, especially in terms of recognition of a third gender, allocation of wards, search procedures, efforts towards capacity building of prison administrators etc. The finalisation of this report has involved an intense consultative process with individuals and experts, including representatives from the community, community-based organisations as well as researcher and academicians working on this issue. This report aims to enhance the understanding of these issues among stakeholders such as prison administrators, judicial officers, lawyers, legal service providers as well as other non-state actors. It is aimed at better informed policy making, and ensuring that decisions made with respect to LGBTI+ persons in prisons recognize and are sensitive of their rights and special needs.

Health-Related Experiences, Needs, and Challenges of Transgender People in Prisons: A Systematic Review

“…But still, despite their vulnerabilities, many jurisdictions lack an appropriate prison policy framework for transgender prisoners related to their special needs of housing, gender-specific basic and health needs despite the United Nations for the Treatment of Prisoners Standard Minimum Rules and the updated 2017 Yogyakarta Principles on the Application of International Human Rights Law about Sexual Orientation and Gender Identity ( Yogyakartaprinciples.org – The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, n.d. ). Following the 2022 report entitled “Lost Identity: Transgender Persons Inside Prisons,” released by the Commonwealth Human Rights Initiative and the University of Dundee, transgender people in and outside the prison system continue to be invisible among the vulnerable populations, with their dignity and rights as citizens being ignored due to their minority population and the structural stigma associated with being a transgender (Ghosh & Dhanuka, 2020). According to the Yogyakarta Principles, medical services for transgender prisoners should be coordinated in strong collaboration with the public health administration.…”