High Court Inquires About Status Of Protection Cells For Transgender Persons In Punjab

The Punjab & Haryana High Court has asked the Punjab Government to apprise it on setting up of Transgender Protection Cells under the charge of District Magistrate in each District and at State level.

Rule 11 of Transgender Persons (Protection of Rights) Rules, 2020 states that every State Government shall set up a Transgender Protection Cell under the charge of the District Magistrate in each District and under Director General of Police in the State to monitor cases of offences against transgender persons and to ensure timely registration, investigation and prosecution of such offences.

Chief Justice Sheel Nagu and Justice Sumeet Goel also said, “counsel for the State of Punjab is directed to apprise this Court with regard to allocation of non-existence of any separate cells for male and female transgender accused in jails and police stations. Let affidavit be filed on or before the next date of hearing.”

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".

In pursuance of Court's direction, an affidavit was filed by Deputy Inspector General of Prisons, Punjab which revealed that vide letter dated 24 January, the Additional Director General of Police, has issued instructions to all Punjab's Superintendents of Jails, to create a separate cell for male and female transgender inmates.

The matter is deferred to May 19, for further consideration.

Sunpreet Singh, petitioner-in-person.

Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Senior Panel Counsel,Mr. Sahil Garg, Advocate, Ms. Neha Dalal, Advocate, for respondent no.1-UOI

Mr. Salil Sabhlok, Senior DAG, Punjab (Through VC) Mr. Naveen S. Bhardwaj, Addl. AG, Haryana

Mr. Abhinav Sood, Advocate, Mr. Nitesh Jhajhria, Advocate, for respondents no. 5 & 7

Title: SUNPREET SINGH V/S UNION OF INDIA AND OTHERS

Click here to read/download the order