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University of Dundee Lost Identity Ghosh, Arijeet University of Dundee Lost Identity Ghosh, Arijeet; Dhanuka, Madhurima; Bourothu, Sai; Fernandes, Fernando Lannes ; Singh, Niyati; Kumar, Chenthil DOI: 10.20933/100001185 Publication date: 2020 Document Version Publisher's PDF, also known as Version of record Link to publication in Discovery Research Portal Citation for published version (APA): Ghosh, A., Dhanuka, M., Bourothu, S., Fernandes, F. L., Singh, N., & Kumar, C. (2020). Lost Identity: Transgender Persons Inside Indian Prisons. Commonwealth Human Rights Initiative. https://doi.org/10.20933/100001185 General rights Copyright and moral rights for the publications made accessible in Discovery Research Portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from Discovery Research Portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain. • You may freely distribute the URL identifying the publication in the public portal. Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 05. Oct. 2021 CHRI 2020 LOST IDENTITY TRANSGENDER PERSONS INSIDE INDIAN PRISONS TRANSGENDER PERSONS INSIDE INDIAN PRISONS 1 THE COMMONWEALTH HUMAN RIGHTS INITIATIVE The Commonwealth Human Rights Initiative (CHRI) is an independent, non-governmental, non-profit organisation headquartered in New Delhi, with offices in London, United Kingdom, and Accra, Ghana. Since 1987, it has worked for the practical realization of human rights through strategic advocacy and engagement as well as mobilization around these issues in Commonwealth countries. CHRI’s specialisation in the areas of Access to Justice (ATJ) and Access to Information (ATI) are widely known. The ATJ programme has focussed on Police and Prison Reforms, to reduce arbitrariness and ensure transparency while holding duty bearers to account. CHRI looks at policy interventions, including legal remedies, building civil society coalitions and engaging with stakeholders. The ATI looks at Right to Information (RTI) and Freedom of Information laws across geographies, provides specialised advice, sheds light on challenging issues, processes for widespread use of transparency laws and develops capacity. CHRI reviews pressures on freedom of expression and media rights while a focus on Small States seeks to bring civil society voices to bear on the UN Human Rights Council and the Commonwealth Secretariat. A growing area of work is SDG 8.7 where advocacy, research and mobilization is built on tackling Contemporary Forms of Slavery and human trafficking through the Commonwealth 8.7 Network. CHRI has special consultative status with the UN Economic and Social Council and is accredited to the Commonwealth Secretariat. Recognised for its expertise by governments, oversight bodies and civil society, it is registered as a society in India, a limited charity in London and an NGO in Ghana. Although the Commonwealth, an association of 54 nations, provided member countries the basis of shared common laws, there was little specific focus on human rights issues in member countries. Thus, in 1987, several Commonwealth professional associations founded CHRI. Through its research, reports, advocacy, engagement, mobilisation and periodic investigations, CHRI draws attention to the progress and setbacks on rights issues. It addresses the Commonwealth Secretariat, the United Nations Human Rights Council members, media and civil society. It works on and collaborates around public education programmes, policy dialogues, comparative research, advocacy and networking on the issues of Access to Information and Access to Justice. CHRI’s seeks to promote adherence to the Universal Declaration of Human Rights, the Commonwealth Harare Principles and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights. International Advisory Commission: Alison Duxbury, Chairperson. Members: Wajahat Habibullah, Joanna Ewart-James, Sam Okudzetoand Sanjoy Hazarika Executive Committee (India): Wajahat Habibullah, Chairperson. Members: B. K. Chandrashekar, Jayanto Choudhury, Kishore Bhargav, Maja Daruwala, Nitin Desai, Kamal Kumar, Madan B. Lokur, Poonam Muttreja, Jacob Punnoose, Vineeta Rai, A P Shah, and Sanjoy Hazarika Executive Committee (Ghana): Sam Okudzeto, Chairperson. Members: Akoto Ampaw, Kofi Quashigah, Juliette Tuakli and SanjoyHazarika Executive Committee (UK): Joanna Ewart-James, Chairperson. Members: Owen Tudor, Pralab Barua, Hannah Ratcliffe, Emma Kerr and Sanjoy Hazarika. Sanjoy Hazarika, International Director ISBN No. 978-93-81241-91-2 © Commonwealth Human Rights Initiative, 2020. Material from this report may be used, duly acknowledging the source. CHRI Headquarters, New Delhi CHRI London CHRI Africa, Accra 55A, Third Floor Room No. 219 Dr. Stanley Marbell Plaza Siddharth Chambers School of Advanced Study H/No. 158/2 Kalu Sarai, New Delhi 110 017. India South Block, Senate House, Malet Street Asylum Down Tel: +91 11 4318 0200; Fax: +91 11 4318 0217 London WC1E 7HU, United Kingdom Tel/Fax: +233 302 971170 E-mail: [email protected] E-mail: [email protected] Email: [email protected] www.humanrightsinitiative.org LOST IDENTITY TRANSGENDER PERSONS INSIDE INDIAN PRISONS Written by: Arijeet Ghosh & Madhurima Dhanuka Research & Inputs: Sai Bourothu Cover Design: Niyati Singh Concept and Coordination: Fernando Lannes Fernandes & Madhurima Dhanuka TRANSGENDER PERSONSDesign INSIDE and INDIAN Layout: PRISONS Chenthil Kumar 3 4 LOST IDENTITY TABLE OF CONTENTS Acknowledgements i About the Report ii I. Introduction 1 II. Research Methodology 3 III. Vulnerabilities of LGBT+ persons in Prisons 9 IV. Transgender Persons Confined in Indian Prisons 21 V. Ground Realities: An Analysis of Findings 40 VI. Conclusions and Recommendations 47 Part II: Annexures 51 TRANSGENDER PERSONS INSIDE INDIAN PRISONS 5 ACKNOWLEDGEMENTS The Commonwealth Human Rights Initiative (CHRI) wishes to thank all who enriched this study with their knowledge, experience and insights. This report has been prepared as a part of the project titled “Exploring the Enablers and Barriers for the Protection and Promotion of the human rights of LGBTI+ persons inside Prisons: Dialogues Between Brazil and India”. This project is funded by the Global Challenges Research Fund (GCRF) and the Scottish Funding Council (SFC) and is coordinated by Dr Fernando Fernandes, University of Dundee, United Kingdom. Dr Fernando Fernandes, University of Dundee, UK, helped coordinate and conceptualise this study while Mr Arijeet Ghosh, former Project Officer, CHRI, led the study and Ms Madhurima Dhanuka, Programme Head, Prison Reforms Programme, co-authored it. Ms Sai Bourothu, Project Officer, CHRI provided valuable inputs and worked consistently to bring this report to fruition. We also convey our thanks to other team members of the Prison Reforms Programme whose support has been instrumental in the completion of this study. Mr Sanjoy Hazarika, International Director, CHRI and Mr Aditya Sharma reviewed and provided essential edits to the report. CHRI appreciates the efforts of Ms Niyati Singh in conceptualising the cover page, and to Chenthil Kumar for the design and layout of this study. (i) ABOUT THE REPORT This report sheds light on challenges faced by Transgender persons in Indian prisons. The report analyses the international and legal frameworks in the country which provide the foundation for policy formulations with regard to confinement of LGBT+ persons, with particular reference to the Transgender community. This report also documents the responses received to right to information requests filed to prison headquarters across the country, which in addition to providing the number of Transgender prisoners in Indian prisons between 1st May 2018 to 30th April 2019, also provides relevant information on compliance within prisons with existing legal frameworks relevant to protecting the rights of Transgender persons in prisons, especially in terms of recognition of a third gender, allocation of wards, search procedures, efforts towards capacity building of prison administrators etc. The finalisation of this report has involved an intense consultative process with individuals and experts, including representatives from the community, community-based organisations as well as researcher and academicians working on this issue. This report aims to enhance the understanding of these issues among stakeholders such as prison administrators, judicial officers, lawyers, legal service providers as well as other non-state actors. It is aimed at better informed policy making, and ensuring that decisions made with respect to LGBTI+ persons in prisons recognize and are sensitive of their rights and special needs. (ii) I. INTRODUCTION Prisons are closed spaces. A person who has been sentenced to prison, or, has been subjected to any form of deprivation of liberty, is acknowledged as one who lives with a high degree of vulnerability.1 This vulnerability can be attributed to multiple factors including a power imbalance between prison administrators and prisoners, with prisoners being completely dependent on the prison institution
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