Patna High Court

Patna High Court: In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J. has observed that certain measures have been taken in watching and protecting the interest of the transgender community, who are in conflict with the law, and a separate cell in the jails is earmarked for lodging the inmates hailing from such a community. Further, directed certain instructions to the State.

The writ petition was filed for commanding the respondent authorities to create separate wards and cells for the transgender persons arrested under various offences and languishing in all the Central Prisons, District Prisons and Sub-Jails situated in the state of Bihar, and for commanding the authorities to create separate lockups for the transgender persons in all the Police Stations of Bihar. Also, for segregating transgender inmates separately from male inmates or from female inmates by either confining them in separate cells, isolation wards or hospitals and lock ups in judicial as well as in police custody, to ensure that convicted and under-trial transgender prisoners can be protected from the inflict mental and sexual harassment

The Court observed that certain measures have been taken which surely, have come a long way, in watching/protecting the interest of members of the transgender community, who are in conflict with the law. Further, a separate cell in the jails is earmarked for lodging the inmates hailing from such a community. Also, the instructions issued vide communication dated 10.01.2022, by the Ministry of Home Affairs, Government of Bihar have been followed to a large extent.

Thus, the Court viewed that the present petition can be closed with liberty to the petitioner to highlight the surviving grievances through a written communication to respondent. Further, the Additional Advocate General stated that, when any such communication is received, the opportunity of hearing would be afforded to the petitioner, whose locus and bona fides are not in doubt. Also, the feasible suggestions made by the petitioner would be considered and implemented. Further, it was directed that the respondent shall deal with the petitioner’s contentions by way of written communications by assigning cogent reason and that the needful be done within a period of three months from the date of receipt of such request.

Moreover, the State shall ensure that the guidelines issued by the Government of India and adopted by the State of Bihar in relation to housing the members of the transgender community in jails shall be implemented in letter and spirit.

[LAW Foundation v. State of Bihar, 2022 SCC OnLine Pat 2371, decided on 14.09.2022]

Advocates who appeared in this case :

For the Petitioner: Advocate Vishal Kumar Singh

For the Respondent: Additional Advocate General Prabhat Kr. Verma

Advocate Suman Kumar Jha

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