Ensure Equal Rights For LGBTQ+ Community In Jail: Centre Writes To States

The Union Government has written a letter to States and Union Territories and asked them 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 with reference to prison visitation rights.

The letter written by Director (Prison Reforms) reads that it has been the constant endeavour of the Ministry of Home Affairs (MHA) to reach out to all States and Union Territories and share contemporary guidelines and best practices on varied aspects of efficient prison administration and management.

It has come to the notice of this ministry that members of the queer community (LGBTQ+) are often discriminated against because of their gender identity or sexual orientation and often face violence and disrespect. With the objective of ensuring that there is no discrimination in access to goods and services to the queer community, which are available to the public at large, especially with reference to prison visitation rights, the following guidelines are reiterated.

The Model Prison Manual (2016 reads that 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, 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 in a fortnight. On admission, every prisoner should submit a list of persons who are likely to interview him or 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 or 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.

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.

It further reads that the Model Prisons and Correctional Services Act, 2023, states that 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.

Foreign 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 preparation of appeal or 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.

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.

All state and UT Prison authorities are requested to take note of the above and sensitise the concerned officials at all levels to ensure that all persons are treated equally in a fair and just manner and no person, especially those belonging to queer community, are discriminated against in any manner whatsoever.

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