Jailed transgender moves HC alleging torture, forced unnatural sex in jail

Nagpur: A transgender, who is lodged at the Akola Central Jail, has approached Nagpur bench of Bombay high court alleging physical and mental torture including unnatural sex and outraging her modesty by prison authorities and other male prisoners.
A division bench comprising justices Rohit Deo and Anil Pansare issued notices to the Maharashtra government’s department of home, and Akola jail superintendent, asking them to reply by October 11. The bench appointed Soniya Gajbhiye as counsel for the petitioner (name withheld by TOI) to plead her case, as she had demanded a lawyer through free legal aid.
The petitioner prayed for directives to make separate cells for both male and female transgender prisoners, to shift her to the women’s cell, and provide all facilities like appropriate clothing.
Complaining of obscene behaviour of jail authorities and male inmates towards her, the petitioner said rules need to be framed to ensure that transgender prisoners are able to live with dignity and should be provided same treatment as male and female prisoners.
Quoting the Maharashtra (prison, admission, classification and separation) Rules, 1966, the petitioner said it classified prisoners in male and female categories. However, no provision is made for transgenders like her, nor is there any distinction between male and females among them. She also made a request to enact a law to regulate arrest, detention and imprisonment of transgenders by amending the jail manual.
According to her, in the absence of any provision dealing with the detention of transgenders inside jails, she was exposed to humiliation and her right to privacy as well as self-identity was violated right from the day she was lodged at Nagpur Central Jail from June 12, 2016.
She demanded that the respondents must accept that she is female transgender and should not be compelled to be checked by male police to determine her genitals. In one such incident, a male guard searched her body, which outraged her modesty, she claimed.
The petitioner had lodged a police complaint on March 25 last year against alleged unnatural sex with her by prison authorities and other jail inmates at Dhantoli police station. After her complaint, she was shifted to Akola Central Jail.