Centre asks States to ensure queer community gets equal rights in prisons

Union Government instructs States/UTs to ensure LGBTQ+ inmates receive equal rights and no discrimination in prison visitation, services.

The Union Government has asked States/Union Territories to ensure that members of the queer community (LGBTQ+) get equal rights in prison and there is no discrimination in access to goods and services, especially prison visitation rights.

In a note to Home Secretaries and Heads of Prisons, the Ministry of Home Affairs said it had come to the notice of the ministry that members of the queer community (LGBTQ+) were often discriminated against because of their gender identity or sexual orientation and faced violence and disrespect.

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Referring to the Model Prison Manual, 2016, the MHA said “every prisoner shall be allowed reasonable facilities for seeing or communicating with, his/her family members, relatives, friends and legal advisers for the preparation of an appeal or for procuring bail or for arranging the management of his/her property and family affairs.”

Also, the inmate should be allowed to have interviews with his/her family members, relatives, friends and legal advisers once in a fortnight. On admission, every prisoner should submit a list of persons who are likely to interview him/her and the interview be restricted to such visitors. The conversation at the interviews should be limited to private and domestic matters and no reference be made to prison administration/discipline and to other prisoners or politics.

The number of persons who may interview a prisoner at one time should ordinarily be limited to three. Interviews with female prisoners should, if practicable, take place in the female enclosure/ward. “It is reiterated that these provisions equally apply to the members of queer community and they can meet a person of their choice without any discrimination or judgement.”

The MHA asked the prison authorities to sensitise the concerned officials at all levels to ensure that all persons were treated equally in a fair and just manner and no person, especially those belonging to the queer community, were discriminated against in any manner whatsoever.