No Separate Toilets Or Lockups Available For Transgender Persons In Police Stations: Punjab Police Tells High Court

The Punjab Police has submitted before the Punjab & Haryana High Court that there is no provision for separate lockups or separate toilets available for transgender persons in the district police stations.

In an affidavit submitted by Assistant Inspector General of Police, Punjab, it was stated that, "as per the information supplied by the field units it transpires that there is no provision for separate lockups in the district police stations and no such separate toilets are available for transgender in the district police stations."

The development came after Sunpreet Singh, an advocate by profession 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. Union of India.

Reliance was 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 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.

Considering the plea, the Court had sought response from the Governments of Punjab government, Haryana government and Union of India.

Consequently, the Punjab Police submitted in the reply that there are no facility for a separate toilets or separate lockups in the police stations for transgender persons.

However, it added that, "when any transgender person is taken to the police station or lock ups an identification of the transgender person is ensured either through a medical check up or through a verification of document proof produced by the transgender person in the form of Adhaar Card, Voter Card etc."

The matter is listed before Chief Justice Sheel Nagu and Justice Anil Kshetarpal for further consideration on September 27.

Title: Sunpreet singh v. UOI & ORs.