The Punjab Police has recently disclosed to the Punjab & Haryana High Court that district police stations currently do not provide separate facilities, such as lockups or toilets, for transgender individuals. This revelation comes amid a significant legal challenge and advocacy for the rights of the transgender community.
Current Situation of Transgender Facilities in Punjab Police Stations
In a formal affidavit presented to the court, the Assistant Inspector General of Police (AIG) from Punjab reported that, based on field unit information, there are no dedicated lockups or separate toilets for transgender persons in any district police station across the state. The statement highlights a gap in infrastructure that has become a focal point in ongoing legal debates concerning transgender rights.
Legal Background and Advocacy
The issue was brought to light by Sunpreet Singh, a practising advocate, who petitioned the High Court emphasizing the need for specialized facilities for transgender individuals. Singh’s argument is grounded in the recognition of transgender persons as a third gender, which mandates the provision of separate cells, wards, and toilets to prevent potential harassment and ensure their safety.
Reference to the Supreme Court Ruling
Singh's petition references the landmark Supreme Court ruling in the case of NALSA v. Union of India. The apex court had affirmed the rights of transgender individuals, advocating for measures that would safeguard their dignity and ensure their protection in various custodial settings, including police stations and prisons.
Patna High Court Decision
The plea also cites the Patna High Court's decision in the case of LAW Foundation v. State of Bihar & Ors., which directed the creation of separate wards and cells for transgender persons in Bihar’s prisons. This ruling has set a precedent for similar reforms across the country, underscoring the necessity of dedicated facilities to accommodate transgender individuals.
Concerns Regarding Transgender Persons in Custody
The petition underscores the vulnerability of transgender persons in custodial settings, citing testimonies that reveal a heightened risk of mistreatment. The inherent challenges faced by transgender individuals in jails include potential violence and discrimination, as traditionally feminine behaviour by individuals assigned male at birth can lead to severe abuse.
Risk of Sexual Violence
Testimonies and reports suggest that transgender persons in prison are particularly susceptible to severe forms of sexual violence, exacerbating their already precarious situation. The lack of appropriate facilities in police stations and prisons further compounds these risks, making the case for urgent infrastructural and policy changes even more pressing.
Government Response and Future Proceedings
In response to the court's request, the Punjab Police confirmed the absence of specialized facilities for transgender persons. However, they noted that efforts are made to identify transgender individuals through medical examinations or verification of documents, such as Aadhaar cards or voter ID cards when they are brought to police stations or lockups.
Ongoing Legal Proceedings
The matter is currently under consideration by Chief Justice Sheel Nagu and Justice Anil Kshetarpal, with the next hearing scheduled for September 27. The court is expected to deliberate further on the need for reforms and improvements in the treatment and facilities for transgender individuals within the state’s police stations.
Conclusion
The Punjab Police’s acknowledgement of the lack of separate facilities for transgender persons highlights a critical area for reform. As legal proceedings continue, the case underscores the importance of aligning state infrastructure with the rights and protections mandated by both the Supreme Court and various high court decisions. Addressing these issues is crucial for ensuring the safety and dignity of transgender individuals within the justice system.
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