The measures taken to safeguard the transgender prisoners’ interests;In jail, separate cells are earmarked for:PIL is resolved by Patna High Court.
The Division Bench, comprised of Chief Justice Sanjay Karol and Justice S. Kumar in LAW Foundation v. State of Bihar & Ors. (Civil Writ Jurisdiction Case No.2658 of 2022), was of the opinion that certain measures have been taken, which surely, have closed the public interest litigation seeking measures for the protection of transgender inmates on Wednesday.
FACTS OF THE CASE
It was mentioned that, in accordance with the affidavits that were submitted by the Principal Secretary of the Department of Home Affairs in Patna and the Inspector General of Prisons, Prisons, and Reforms Services in the Government of Bihar in Patna, distinct jail cells have been designated to house members of the community. The Bihar government’s Ministry of Home Affairs’ instructions were also being followed to a large degree.
In the petition that was submitted by LAW Foundation through Advocate Vishal Kumar Singh, the petitioner pleaded with the court to direct the respondents to create separate wards and cells for Transgender people who had been arrested for a variety of offenses and are currently incarcerated in all of the state of Bihar’s Central Prisons, District Prisons, and Sub-Jails.In addition, the petition pleaded for directions to be given to the Respondent Authorities to ensure that transgender inmates are kept apart from male and female inmates by locking them up in separate cells, isolation wards, hospitals, and lockups in both judicial and police custody. This would protect transgender prisoners who are currently awaiting trial from being harassed sexually and mentally.
JUDGEMENT:
Additional Advocate General-III Prabhat Kumar Verma and Advocate Suman Kumar Jha (AC to AAG III) made a presentation on behalf of the Director General of Police, Government of Bihar, who was named Respondent 4 in the case. They said that the petitioner would be given the opportunity to express any remaining grievances in accordance with the directions given by the Court in the current Order, and that the petitioner’s suggestions would also be taken into consideration and implemented as much as possible.
However, the Court granted the petitioner permission to express the remaining grievances in writing to the State Department of Home Affairs.Further instructions were given to the state to make sure that the Indian government’s guidelines for the state of Bihar regarding the housing of transgender people in jails were followed in both letter and spirit.
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JUDGEMENT REVIEWED BY ROLI NAYAN.