Centre Directs States to Ensure Equal Rights for Queer Community in Prisons

New Delhi- In a significant move to promote gender equality and prevent discrimination in prisons, the Union Government has issued a directive to all States and Union Territories to ensure that members of the queer community (LGBTQ+) receive equal rights in prison facilities.

The directive emphasizes that there should be no discrimination in access to goods and services, especially regarding prison visitation rights.

In a detailed note addressed to Home Secretaries and Heads of Prisons, the Ministry of Home Affairs (MHA) highlighted the ongoing issues faced by the queer community in prisons.

The MHA noted that individuals from the LGBTQ+ community often face discrimination, violence, and disrespect due to their gender identity or sexual orientation. This directive aims to rectify these issues by ensuring equal treatment and access to facilities within the prison system.

The Ministry of Home Affairs has a history of sharing contemporary guidelines and best practices with States and Union Territories to promote efficient prison administration and management. The current directive is a continuation of these efforts, focusing specifically on the rights and treatment of the queer community within prison facilities.

To reinforce the importance of these guidelines, the MHA referred to two key documents: the “Model Prison Manual, 2016” and the “Model Prisons and Correctional Services Act, 2023.”

These documents have been shared with all State Governments and Union Territory Administrations for guidance and implementation.

The relevant provisions on prison visitation rights from these documents are reiterated below for the information and guidance of all State/UT authorities:

The communication has been sent by Arun Sobti, Director of Prison Reforms, Ministry of Home Affairs, to the ACS/Principal Secretary (Home), the DG/IG Police and the DG/IG (Prisons) of all States and Union Territories.

This move by the Centre aims to uphold the rights and dignity of all prisoners, ensuring an inclusive and fair prison environment for the queer community.

Model Prison Manual, 2016

"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, for procuring bail, or for arranging the management of his/her property and family affairs. He/she shall be allowed to have interviews with his/her family members, relatives, friends, and legal advisers once a fortnight.

On admission, every prisoner should submit a list of persons who are likely to interview him/her, and the interview shall be restricted to such family members, relatives, and friends. The conversation at the interviews shall be limited to private and domestic matters, and there shall be no reference to prison administration and discipline and to other prisoners or politics.

The number of persons who may interview a prisoner at one time shall ordinarily be limited to three. Interviews with female prisoners shall, if practicable, take place in the female enclosure/ward."

Model Prisons and Correctional Services Act, 2023

"Prisoners may communicate with their visitors, namely family members, relatives, and friends, through physical or virtual mode, under proper supervision of prison authorities. Visitors to inmates shall be verified/authenticated through biometric verification/identification.

Foreigner prisoners may communicate with their family members and consular representatives, as prescribed under the rules.

Every prisoner shall be allowed reasonable facilities of meeting or communicating with their family members (natal or chosen), relatives, friends, and legal advisers for the preparation of an appeal, for procuring bail, or for arranging the management of their property and family affairs. They shall be allowed to have interviews with their family members, relatives, friends, and legal advisers."

The directive from the MHA urges all State/UT Prison authorities to take note of these provisions and sensitise the concerned officials at all levels. The goal is to ensure that all individuals are treated equally in a fair and just manner, and that no person, especially those belonging to the queer community, faces discrimination in any form.