Recently, on Prison Reforms the Supreme Court Committee said that  Transgender prisoners should be treated equally, without discrimination in the same manner as other inmates.

In its conclusive summary of reports submitted to the Supreme Court, the committee led by former Supreme Court Justice (retired) Amitava Roy has suggested that prison staff and correctional authorities at all levels, especially the personnel responsible for security, should receive sufficient and ongoing training. This training is aimed at preparing them to effectively interact with transgender prisoners.

The committee emphasized that incidents of abuse, harassment, or violence against transgender inmates should be prevented. They recommended achieving this goal through a series of workshops and training sessions conducted by relevant experts from academia and civil society.

Further, the committee suggests the state governments and prison departments should take appropriate and effective steps 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, consists of nine chapters covering various topics, including unnatural deaths in prisons, transgender prisoners, and death row convicts.

Back in September 2018, the Supreme Court had established a three-member committee led by retired Justice Roy to address prison reform issues and provide recommendations on various aspects, including the problem of overcrowding in prisons.

In the chapter titled 'Transgender Prisoners,' the committee emphasized that while ensuring safety and security, any efforts to separate transgender prisoners from the general prison population should not lead to their isolation or seclusion.

During the proceedings related to the conditions in 1,382 prisons across India, the Supreme Court had stated on August 29 that the legal representatives for all parties involved should provide assistance in shaping the chapters concerning women and children in detention, transgender prisoners, and death row convicts within the final synopsis. This collaboration is aimed at facilitating the effective implementation of the recommendations.

“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.

The Supreme Court has scheduled the next hearing on this matter for September 26.