PIL in Delhi HC seeks recognition of transgender as 3rd gender in NCRB's prison statistics

A petition has been filed in the Delhi High Court seeking a direction to the National Crime Records Bureau (NCRB)  to recognise and classify transgenders as a separate third gender in their annual publication of Prison Statistics India. The petition filed by a law graduate Karan Tripathi seeks an immediate and urgent intervention of the court as the process of data collection for the next annual publication of the Prison Statistics report 2020 by the NCRB is already underway. The plea filed in the Delhi HC is set to come up for hearing before the division bench on December 1. 

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A petition filed Delhi HC

Tripathi's advocates Yash Mishra and Akhil Hasija have urged the court to give direction to the authorities to make requisite policy and format amendment to include the data on transgender prisoners either in the latest Prison Statistics Report, 2019 or in the subsequent reports. The petition claims that to date, only 2 genders appear in the Prison Statistics report published by NCRB and there is a complete exclusion of the third gender. 

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The petition filed in Delhi HC said, "In light of the growing neglect towards the welfare of the transgender community, especially during the COVID-19 and denial of basic necessities to the transgender community in general, it is difficult to imagine the state of transgender prisoners in jails where they are not even recognised as a third gender on paper, let alone in the reality behind the bars."

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The PIL has urged the Delhi HC to direct NCRB to take necessary steps to ensure proper implementation of directions passed by the Supreme Court of India in the matter titled as 'National Legal Service Authority Vs Union of India'. It also sought directions to the government to make sure that appropriate steps are taken for the implementation of the recommendations made in the 2014 report, by the Expert Committee on issues relating to transgenders acting under aegis and directions, in compliance with the direction of the Supreme Court. The plea also seeks formulation of appropriate rules and laws that will govern the protection of rights of the marginalized transgender community in the prisons.

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(With ANI inputs, Image: PTI)