Ensure equal rights to LGBTQ+ community in prisons: Centre
Home Ministry said “members of the LGBTQ+ community are often discriminated against due to their gender identity”
Geetha Sunil Pillai
New Delhi- The Central government has asked states and union territories to ensure that members of the LGBTQ+ community get equal rights in prisons and there is no discrimination in access to goods and services, especially prison visitation rights.
The Home Ministry said in a note to home secretaries and prison chiefs that it has come to the notice of the ministry that members of the LGBTQ+ community are often discriminated against and face violence and disrespect due to their gender identity or sexual orientation.
Arun Sobti, Director, Prison Reforms has sent this letter to ACS/Principal Secretary (Home), DG/IG Police/DGIG (Prisons) of all States and Union Territories in line with the ‘Model Prison Manual, 2016’ and ‘Model Prisons and Correctional Services Act, 2023’ issued earlier by Ministry of Home Affairs and shared with all State Governments and Union Territory Administrations for guidance and implementation in their respective jurisdictions.
The relevant provisions of prison visitation rights contained in these two documents are reproduced below for information and guidance of all State/UT authorities:
Model Prison Manual, 2016
“Every prisoner shall be provided with reasonable facilities to meet or communicate with his family members, relatives, friends and legal advisers to enable him to prepare appeals, obtain bail or arrange his property and family affairs.
He shall be allowed to meet his family members, relatives, friends and legal advisers once in fifteen days.
At the time of admission, each prisoner must submit a list of persons who may possibly visit him/her and the visitation shall be restricted to those family members, relatives and friends only.
The conversation during the visitation should be limited to private and domestic matters and there should be no mention of prison administration, discipline, other prisoners or politics. The number of persons visiting an inmate at a time should be generally limited to three.
Visits to female inmates should, if possible, take place in the female enclosure/ward.”
It is reiterated that these provisions apply equally to members of the queer community and they can visit a person of their choice without any discrimination or judgement.
Model Prisons and Correctional Services Act, 2023:
“Prisoners may communicate with their visitors, i.e. family members, relatives and friends, through physical or virtual mode, under proper supervision of prison authorities.
Visitors visiting prisoners shall be verified/authenticated through biometric verification/identification. Foreign prisoners may communicate with their family members and consulate representatives as per the rules.
Every prisoner shall be provided with reasonable facilities to meet or communicate with his family members (born or chosen), relatives, friends and legal advisers to enable him to prepare for appeal, obtain bail or arrange his property and family affairs.
He shall be permitted to meet his family members, relatives, friends and legal advisers.”
It is reiterated that these provisions apply equally to members of the queer community as well and they can meet the person of their choice without any discrimination or judgement.
Courtesy : Hindi News