Union Government Ensures Equal Rights for LGBTQ+ in Prisons

The Union Government has directed States and Union Territories to ensure that LGBTQ+ individuals receive equal rights and access to services in prisons, particularly regarding visitation rights, and to eliminate discrimination and violence based on gender identity or sexual orientation.

The Union Government has issued a directive to States and Union Territories, urging them to ensure that LGBTQ+ individuals receive equal rights and privileges in prisons, particularly concerning visitation rights. The letter, penned by the Director of Prison Reforms, emphasizes the Ministry of Home Affairs' continuous effort to share guidelines and best practices on effective prison administration.

The Ministry has observed that LGBTQ+ prisoners often face discrimination, violence, and disrespect due to their gender identity or sexual orientation. To address this, the guidelines restate that there should be no discrimination in access to goods and services for the queer community, especially concerning prison visits. According to the Model Prison Manual (2016), all prisoners, including LGBTQ+ members, are entitled to see or communicate with their family, friends, and legal advisers for various purposes, including arranging bail and managing personal matters. Interviews should occur once every fortnight, limiting interviewees to family, relatives, and friends.

Conversations during these interviews must focus on private and domestic issues, excluding prison administration or politics. Typically, up to three people can interview a prisoner at a time, with female prisoners' interviews ideally conducted in the female ward. The Model Prisons and Correctional Services Act, 2023, allows for both physical and virtual communication under the supervision of prison authorities. These provisions apply equally to the queer community, reaffirming their right to meet with chosen individuals without facing discrimination. States and UTs are urged to sensitize their prison officials to ensure fair and equal treatment for all, particularly LGBTQ+ individuals.

(With inputs from agencies.)