Transgender to be a separate gender category in prison statistics

"it is difficult to imagine the state of transgender prisoners in jails where they are not even recognised as a third gender on paper, let alone in the reality behind the bars,” the plea said.

transgender

National Crime Records Bureau (NCRB) informs Delhi High Court that it has agreed to include transgender as a separate category in the gender classification of prisoners in their annual publication of prison statistics 2020.

The Central Government on Monday informed the Delhi High Court that transgenders shall be now included as a separate gender category in prison statistics reports.

This comes after a public suit was filed in the Delhi High Court seeking a direction to the National Crime Records Bureau (NCRB) to recognize and classify transgenders as a separate third gender in their annual publication of prison statistics.

The public interest litigation, filed by law graduate Karan Tripathi, had sought immediate and urgent intervention of the court as the process of data collection for the next annual publication of the Prison Statistics report 2020 by the NCRB, which is already underway.

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The plea said that to date, only two genders appear in the Prison Statistics India report published by the NCRB — male and female — to the complete exclusion of the third gender.

“In light of the growing neglect towards the welfare of the transgender community, especially during the COVID-19 and denial of basic necessities to the transgender community in general, it is difficult to imagine the state of transgender prisoners in jails where they are not even recognised as a third gender on paper, let alone in the reality behind the bars,” the plea said.

The plea also urged the High Court to direct the Central government and the NCRB to issue directions to the concerned prison authorities and departments to maintain data on transgender prisoners, inmates in each and every document, or report required to be maintained by the said authorities and departments as per laws applicable.

It also sought directions to NCRB to take appropriate action to ensure proper implementation of the directions/guidelines passed by the Supreme Court of India in the matter titled as “National Legal Services Authority v. Union of India”.

Last week Delhi High Court had asked the National Crime Records Bureau (NCRB) to inform it about any decision regarding the demand for inclusion of transgender persons as a separate third gender in its annual report on prison statistics.

The court was hearing a PIL seeking a direction to NCRB for recognition and classification of transgender persons as a separate third gender in their annual publication of ‘Prison Statistics, India’.

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