Plea For Separate Wards, Toilets In Prisons & Police Lock-Up For Transgenders: High Court Seeks Response From Punjab, Haryana & Union Govts

The Punjab & Haryana High Court has sought response from the Governments of Punjab, Haryana and Union on Public Interest Litigation (PIL) filed seeking directions to make separate cells, toilets for Transgender Persons in Prisons and police lock up.

 Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice the States of Punjab, Haryana and Union Government.

Sunpreet Singh, an advocate by profession has moved High Court, highlighting that Transgender is identified as third gender and therefore separate cells/wards/ Barracks and toilets should be made inside the prisons and also separate lockups in each police station in order to protect the transgender persons from any kind of mental or physical harassment, in view of Apex Court's ruling in NALSA v. UOI.

Reliance is also placed on Patna High Court's decision in LAW Foundation v. State of Bihar & Ors. [2022 LiveLaw (Pat) 34], stating that the Court had directed to make separate wards and cells for Transgender Persons in all prisons of Bihar.

Referring to testimonies of Transgender prisoners, the plea stated that Jails are custodial institutions where feminine behaviour by men is always a  a greater risk of mistreatment by both authorities and inmates. Hence, transgender persons becomes victim of "most brutal forms of sexual violence" inside the prisons, it added.

The petitioner also sought directions to "devise the mechanism for identification of gender for transgender persons before admission of transgender persons in prison or police station lock ups".

Sunpreet Singh, petitioner-in-person.

Dheeraj Jain, Sr. Panel Counsel, and Shivani Khareedi, Central Government Counsel for Union of India.

Saurav Khurana, Addl. A.G., Punjab.

Title: Sunpreet Singh vs. UOI and others

CWP-PIL-116-2023