Right decision on transgender people

The Central government’s announcement regarding inclusion of ‘transgender’ as a separate gender in the National Crime Records Bureau’s (NCRB) Prison Statistics Report is a step in the right direction. The decision came in response to a Delhi High Court order to the NCRB to classify transgenders as a separate category in their annual publication of prison statistics. Hitherto, the NCRB report classified prison statistics in terms of just two genders, although it did include the third gender with regard to information on crimes and accidental deaths and suicides. The decision to include separate transgender category for prison statistics will correct this anomaly and make prison data more inclusive and representative. It will require prison authorities to assign an appropriate sex to inmates. It is another step towards recognising and guaranteeing the civil, constitutional and basic human rights of transgenders.

It is well known that transgender people are among the most discriminated sections in our society. They are subjected to ridicule, humiliation and even violence, including brutal sexual and other assaults. Those in prison suffer even more. When transgender persons are brought to the jail, the chief medical officer classifies them based on their genitals. This is contrary to a 2014 Supreme Court judgement which said that a person’s gender is determined by the person concerned. Just a few states provide separate cells for transgenders. In most states in India, they are not provided with separate cells or toilets. These are grave violations of their privacy, dignity and even security as often they are subjected to sexual assaults not just by other inmates but prison officials too. By requiring the NCRB to provide separate data for the transgender category, the Delhi High Court has pushed for change in the way transgender prisoners are treated in prisons. The court has forced the government to take the first step: to record their identity as transgenders. The government must follow up to provide separate living quarters and other facilities for transgender inmates.

While it is important to count transgender prisoners as a separate category to ensure them their rights, it is necessary to ensure that collection of this data is not misused to target or harass them. It is therefore essential that prison officials are provided with training to approach issues with sensitivity. Transgender prisoners should feel secure that their self-identification as transgender will not lead to their humiliation or targeting. Forcing them to come out and then not providing them with security will be a grave violation of their rights.