May 27, 2022

Delhi HC: NCRB to have trans persons in a different category for prison records

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The National Crime Records Bureau (NCRB) has made the decision to incorporate a separate and different category for transgenders pertaining to the gender bifurcation associated to the prisoners for their yearly publication subjected to prison statistics, and revealed the same to Delhi High Court on Monday.

Additional Solicitor General, Chetan Sharma revealed it to a Division Bench headed by Chief Justice DN Patel and Justice Prateek Jalan the the NCRB has taken the move of including transgender as a category in the gender classification of prisoners in their yearly publication having prison statistics of 2020.

From now on, the gender classification of prisoners will be bifurcated as Male, Female, and Transgender in the Prison Statistics India proforma and Annexures. Post the submission, the bench considered the Public Interest Litigation (PIL) urging the direction of NCRB to incorporate transgenders as a separate gender for the statistics of the annual publication.

The PIL was put by law graduate Karan Tripathi, who urged for immediate intervention of the court as the data collection for 2020 publication was ongoing.

Tripathi’s lawyers Yash Mishra and Akhil Hasija appealed to the Delhi High Court for issuing the order to the prison authorities and departments for keeping the records of transgenders as per the laws.

The plea filed stated, “In light of the growing neglect towards the welfare of the transgender community, especially during the Covid-19 and denial of the 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 recognized as third gender on paper, let alone in the reality behind the bars.”

The plea further intended to have apt rules and laws that will regulate the protection of rights of the marginalized transgender community in the prisons.

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