Steps Taken To Protect Interests Of Transgender Inmates; Separate Cells Earmarked In Jails: Patna High Court Closes PIL

The Patna High Court on Wednesday closed a public interest litigation seeking measures for protection of inmates belonging to the transgender community, whether in police or judicial custody.

The Division Bench composed of Chief Justice Sanjay Karol and Justice S. Kumar was of the view that certain measures have been taken which surely, have come a long way, in watching/protecting the interest of members of the transgender community who are in conflict with the law.

It noted that as per the affidavit filed by the Principal Secretary, Department of Home Affairs, Patna and the Inspector General of Prisons, Prisons and Reforms Services, Government of Bihar, Patna, separate cells have been earmarked in Jails for lodging the members of the community,. The instructions issued by the Ministry of Home Affairs, Government of Bihar were also being followed to a large extent.

The Court nonetheless granted liberty to the petitioner to highlight the surviving grievances through a written communication State's Department of Home Affairs. Further directions were issued to the State to ensure that the guidelines issued by the Government of India, and adopted for the State of Bihar in relation to housing the members of the transgender community in jails would be implemented in letter and spirit.

In the petition filed by LAW Foundation through Advocate Vishal Kumar Singh, the petitioner had prayed the Court for directions to be issued to the respondents for creation of separate wards and cells for the Transgender Persons arrested under various offences and languishing in all the Central Prisons, District Prisons and Sub-Jails situated in the state of Bihar. The petition further prayed for directions to be issued to the Respondent Authorities to ensure segregation of transgender inmates separately from male inmates or from female inmates by either confining them in separate cells, isolation wards or hospitals and lock ups in judicial as well as in police custody, in order to ensure protection of that convicted and under-trial transgender prisoners from mental and sexual harassment. 

On behalf of the Director General of Police, Government of Bihar which had been impleaded as Respondent 4, it was submitted by Additional Advocate General-III Prabhat Kumar Verma, and Advocate Suman Kumar Jha (AC to AAG III) that pursuant to the directions of the Court in the instant Order granting liberty to the petitioner to highlight any surviving grievances, such opportunity of hearing would be provided, and the suggestions made by the petitioner, to the extent feasible, would also be considered and implemented.

Case Title: LAW Foundation v. State of Bihar & Ors. 

Citation: 2022 LiveLaw (Pat) 34 

Click Here To Read/Download The Order