The Punjab Police has notified the Punjab & Haryana High Court that district police stations currently lack designated lockups and restrooms for transgender individuals.
In an affidavit submitted by the Assistant Inspector General of Police, Punjab, it was stated, “According to the information provided by the field units, there are no separate lockups or toilets available for transgender persons in district police stations.”
This development comes in response to a petition filed by Sunpreet Singh, an advocate, who approached the High Court arguing that, given the recognition of 'Transgender' as a third gender, there should be designated cells, wards, barracks, and restrooms in prisons and police stations to safeguard transgender individuals from mental or physical harassment.
This argument aligns with the Supreme Court’s ruling in NALSA v. Union of India. The petition also cited the Patna High Court’s decision in LAW Foundation v. State of Bihar & Ors., which mandated the establishment of separate wards and cells for transgender individuals in all Bihar prisons.
The plea emphasized testimonies from transgender prisoners, who reported that jails, as custodial institutions, expose transgender individuals to increased risks of mistreatment and "brutal forms of sexual violence" due to their gender identity.
In response to the plea, the Court sought replies from the Punjab government, the Haryana government, and the Union of India. The Punjab Police's reply indicated that there are currently no facilities for separate toilets or lockups for transgender individuals at police stations. However, it noted that when a transgender person is brought to a police station or lockup, their identification is confirmed either through a medical examination or by verifying documents such as Aadhaar Cards or Voter Cards.
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