Open Access Research Article
‘IDENTITIES IN DANGER: THE SYSTEMIC CATEGORIZATION OF TRANSGENDER PERSONS IN CORRECTIVE FACILITIES IN INDIA’ BY: SHREYA.G & AMRITANGSHU KAUSHIK
Published Paper
Article Details
‘IDENTITIES
IN DANGER: THE SYSTEMIC CATEGORIZATION OF TRANSGENDER PERSONS IN CORRECTIVE
FACILITIES IN INDIA’
AUTHORED BY: SHREYA.G & AMRITANGSHU
KAUSHIK
Contact Details: 9740327216, shreya2380@gmail.com
8638497042,
amritangshukaushik@gmail.com
Programme Name: BA LLB
(Batch of 2019-2024)
University: Symbiosis
Law School, Nagpur.
ABSTRACT
A significant question remains unsolved
at the heart of the Indian criminal justice system, a question that requires us
to confront the complexity and intricacies of the justice system. The rights
and identities of transgender persons are disguised behind the high walls and
steel bars of India's correctional facilities, trapped in a convoluted maze of
systemic negligence, societal bias and stigmatization, legal ambiguity and the
general lack of awareness in India. This research paper explores the intricate
landscape of transgender rights in Indian correctional facilities. It looks
into the systemic classification of transgender people and its impact on their
identities and well-being. This study not only reveals the urgent need for
policy changes, but it also highlights the resilience and tenacity of
transgender persons experiencing obstacles in the Criminal system of
India. It strives to advocate for a more inclusive, equitable, and
compassionate approach to correctional practice in India.
KEY WORDS
INDIAN CORRECTIVE FACILITIES, STIGMATISATION, SYSTEMIC
CATEGORIZATION, TRANSGENDERISM, TRANSGENDER INMATES
[I] INTRODUCTION
Usually, corrective facilities around
the world contain a population who are generally cis-normative or heterosexual
in nature, due to which transgender persons are extremely vulnerable in such a
hostile environment. Authorities in corrective facilities frequently make
placement decisions based on pre-operative/non-operative status or legal gender
recognition of the inmate who is admitted.
Vulnerability, trauma, and
transphobic abuse are amplified in conditions of a corrective facility.
Misgendering (deliberate usage of wrong gender, pronoun or name), assault by
other inmates and higher staff (sexual coercion, criminal intimidation,
battery, rape), restriction and denial of gender affirmative care and
inadequate access to appropriate clothing based on gender and other goods are a
variety of palpable instances of maltreatment by corrective facility officials[1].
There is also a prolonged emotional, mental and psychological trauma undergone
by trans persons in corrective facilities.
Therefore, this research paper
examines the systemic categorization of trans people as prison inmates in the
correctional facilities of India. It outlines the degree of bias and challenges
faced, their existing legal protection and policies by making reference to
various precedents, reports, foreign judgements and demographics. It also looks
into the training and awareness of these correctional authorities in securing
trans rights. The paper also highlights the shortcomings and towering vacuum
faced by trans inmates in access to gender affirming care, special wards and
medical facilities and the unfathomable impact of their incarceration on their
identity and self-worth in India.
[1][a] LITERATURE REVIEW
Research Articles:
[I] Ghosh,
A., Dhanuka, M., Bourothu, S., Fernandes, F. L., Singh, N., & Kumar, C,
‘Lost Identity: Transgender Persons Inside Indian Prisons’, 2020[2]
A report on the non-identification of
transgender inmates in Indian correctional homes stated that due to
non-identification in the data records of the prisons, transgender inmates face
violence of all forms. Also, the inmates are segregated on the basis of their
genetalia, ignoring the self-gender identity of the inmates.
[II] Ganesan, D., Dadoo,S.,
‘Confinement at the margins: Preliminary Notes on Transgender Prisoners in
India’, 2020[3]
Medical negligence on the part of the
correctional home authorities is evident from the fact that data is not
maintained in the system about transgender inmates and due to this, specific
requirements and vulnerabilities of the inmates are not adequately addressed by
India.
[III] Longo, C. ‘Transgender Rights
in Public Prisons’, 2017[4]
Gender Dysphoria and proper
procedures for gender dysphoria is another issue which is overlooked by
correctional homes as has been documented in various papers. It is stated that
many transgender inmates do not get diagnosed of gender dysphoria in the fear
of being ‘outed’ through the survey. Survey results never reflect the actual
number of inmates with gender dysphoria, which is concerning because only
through the diagnosis, the Hormonal replacement treatment is provided to the
inmates. If they fear being outed by the survey, they will never be medically
diagnosed through a doctor, which the law mandates.
[IV] Routh, D., Abess, G. &
Yoo, J. ‘Transgender Inmates in Prisons: A Review of Applicable Statutes and
Policies. International Journal of Offender Therapy and Comparative
Criminology’, 2015[5]
Diagnoses are frequently ignored and
rejected due to the fact that the staff believe that such requests are
frivolous and the inmates want such treatment for cosmetic purposes only.
[V] Simopoulos, E. F., & Khin
Khin, E. (2014). Fundamental Principles Inherent in the Comprehensive Care of
Transgender Inmates[6]
Gender Dysphoria is pathologizing to
transgender inmates as it is considered to be a mental disorder and something
which further stigmatizes an already vulnerable community in the correctional
home. A plethora of transgender communities have called for a complete
abolishment of this diagnosis.
[I][b] HYPOTHESIS
Systematic
categorization of transgender people in Indian correctional facilities, fueled
by the lack of clear legal protections and policies tailored to their
specific needs, contributes to a heightened risk of violence, discrimination, lack
of privacy and violation of their fundamental rights, jeopardizing their
identities and safety in correctional facilities.
[I][c] RESEARCH OBJECTIVE
I.
To examine the existing legal framework in India
governing the treatment of transgender persons in corrective facilities and
showcase their discrepancies.
II.
To identify the discriminatory practices and
challenges faced by transgender inmates within correctional facilities.
III.
To explore the impact and repercussions of systemic
categorization on the safety and mental well-being of transgender persons.
IV.
To propose recommendations for reform in the framework
of correctional facilities.
[I][d] RESEARCH QUESTIONS
I.
How does India’s existing legal framework address the
rights and treatment of transgender persons in correctional facilities?
II.
What are some guidelines which the policymakers and
drafters can use as a guiding light for future policies?
III.
What discriminatory practices and policies exist
within the Indian Correctional facilities that compromise transperson
identities?
IV.
How does institutional categorization and prejudicial
practice effect the mental well-being of transgender inmates?
[I][e] RESEARCH METHODOLOGY
The Co-authors will carry on this
paper using doctrinal legal methodology. For their primary sources of data,
they will refer to the Court rulings and precedents such as National Legal Services Authority of India [NALSA] v. Union
of India and key statutes such as the Transgender Persons (Protected
if Rights) Act of 2019 and the Ministry of Home Affairs Circular 2020, with the
utmost tenacity.
The paper will also rely on secondary
sources of data, such as other supplemental statutes, published government
reports, demographic reports, online journals and articles. Additionally, the
Co-authors will use critical methodology to examine the international standards
for transgender inmates in prison such as the Yogyakarta Principles and the Nelson
Mandela Rules.
[II] SCOPE OF TRANSGENDERISM
Before delving into the
exegesis of the legal framework and bias faced by transgender persons, it
becomes pertinent to define the basic and descriptive phases since adequacy of
language is extremely essential for the effective management of transgender
inmates, for it can have a direct impact on the dignity and bodily integrity of
the inmates. An individual's sex is determined by biological traits such
as chromosomes, genitalia, and gonads. Gender on the other hand, refers
to the features and characteristics linked with sexual roles and is socially
construed. Gender Identity[7]
indicates what an individual identifies as, irrespective of whether it is the
same as assigned during birth[8].
Transgender encompasses a group of
people whose identities or lived experiences differ from those traditionally
associated with sex at birth: those with intersex conditions; non-, pre-, and
postoperative transgender people; feminine men and masculine women;
cross-dressers; and people who live as a gender other than that assigned to
them at birth. Transsexual refers to an individual who undergoes
aesthetic and reconstructive operations, hormone therapy, or both, with the end
objective of matching their sex to their internal gender identity[9].
It becomes extremely
difficult and convoluted if we were to surmise and verify as to how many people
identify themselves as Transgender in the Indian correctional facilities, or
worldwide. This variation exists since the cultural differences and the extent
of stigmatization in one country, would not only affect one’s behavioural
expression but also their gender identity as a whole.
The prevalence in
transgenderism ranged from 1:11,900 to 1:45,000 MTF persons and from 1:30,400
to 1:200,000 FTM individuals in ten studies ranging from eight different
nations[10].
Moreover, Transgender inmates endure a considerably increased risk of assault
while detained, according to the Transgender Law Centre and the National Centre
for Lesbian Rights.
[III] THE LEGAL FRAMEWORK
OF TRANGENDER PERSONS IN CORRECTIONAL FACILITIES
Historically, courts and
legislators in India have been hesitant to establish legal safeguards for
transgender persons This could be because of the slow rate at which Indian
society has evolved to embrace this frequently misconstrued biological and
psychological phenomenon. The maturation of scientific research,
de-stigmatization and passing altruistic policies which clarify these
persisting ambiguities are some of the approaches to eliminate this societal
bias.
After a decades-long
crusade by gender and minority groups of India, the Supreme Court in the
landmark case of Navtej Johar v. Union of India[11],
which has been revered as an order correcting a historical wrong, read down
Section 377 of the Indian Penal Code and decriminalized all sexual relations
which are consensual in their very element.
In the watershed case of National
Legal Services Authority of India [NALSA] v. Union of India,[12]
the Apex Court recognized the Rights of people to self -identify their gender
and declared that no medical examination or procedure shall act as a necessity
for self-identification. This Court affirming their fundamental rights,
asserted that this persistent non-recognition of transgender persons makes them
‘extremely vulnerable to harassment, violence and sexual assault in public
spaces, at home and in jail, also by police’. Despite it being under scrutiny
by the Apex Court, the Transgender Persons (Protected if Rights) Act of 2019
states a two-step, self-identification method for gender identity, wherein a
person can identify as ‘transgender’ by submitting an application to the
District Magistrates of India. However, an unfortunate rider in this act is
that it only permits the identification of ‘female’ or ‘male’ if one has had a
Sex-Reassignment Surgery, which stands in stark contrast to the NALSA
judgment.
Section 18 of the Transgender Persons
(Protected if Rights) Act specifically offers protection to all inmates against
any verbal, sexual, mental, physical, emotional and economic abuse by imposing
a punishment for a term which can extend up to two years, but cannot be less
than six months, accompanied by a fine.
The landmark case of Anamika v.
State of Kerala[13]
decided in 2022 reaffirmed and upheld the
sanctity of transgender rights and legally recognized their right to
self-identify their chosen gender.
There is no explicit
legislation or policy in India that addresses the rights and protections of
transgender persons in penal facilities. However, there are certain broader
legal laws and principles that may provide some protection to transgender
persons in correctional facilities such as the Indian Penal Code (IPC) and Code
of Criminal Procedure (Cr.P.C) which does not concretely address or reference LGBTQ+
members, but it does provide legal protection to inmates against abuse, bias
and violence in correctional facilities of India. The NALSA judgement also had
a wider amplitude and a plethora of implications for the treatment of
transgender persons in correctional facilities of India, after their legal
recognition as a ‘third gender’.
Each State of India has a
curated Prison Manual carefully curated for their state, in line with the
Prison Act of 1894, which enumerates the general provisions relating to the
treatment of inmates in correctional facilities. Despite it not explicitly
mentioning transgender persons, a contextual interpretation can be made for the
Prison Manual to apply to them as well, since it specifically deals with the
administration and management techniques and methods of correctional
facilities. The Indian National Human Rights Commission (NHRC)[14]
has also issued a set of provisions for the rights of inmates, highlighting
their humane treatment, dignity and privacy, which would also be made binding
on transgender inmates.
[IV] KEY PRINCIPLES TO BE FOLLOWED FOR PROTECTING RIGHTS OF TRANSGENDER
INMATES
There are a few international standards which set
out some minimum standards which need to be followed in corrective facilities,
thereby providing some much-needed guidance which are of immense persuasive
value to the various policy makers around the world. They are as follows-
[IV][A] The Yogyakarta Principles:
During 2007[15],
a set of guidelines and principles in application of international human rights
on gender orientation and sexual identity was drafted by an International Panel
for International human rights and Gender Identity. These were collectively
referred to as the Yogyakarta Principles. These principles advocate for transgender
rights protection in correctional facilities by emphasizing non-discrimination, gender identity recognition, safety, access to
healthcare, staff training and privacy. Principles seven to 10, 33 and 35 delve
deeply into the repercussions which are faced due to the uncalled stripping off
of transgender liberty. In 2017, several additions were made vide the
Yogyakarta Principles plus 10, which heavily dealt with the state’s obligation
in this entire discourse.
[IV][B] Nelson Mandela Rules of 2015[16]
The United Nations Standard Minimum Rules for the
Treatment of Prisoners, popularly known as the Nelson Mandela Rules (named in
reverence of Nelson Mandela) are a set of rules which advocate for the
respectful treatment of inmates and the minimum standards to be followed. Rule
2 concretely lays down the principle of non-discrimination based on the subject
of ‘any other status’ wherein the prison administrations should practice
non-discrimination, access to healthcare, gender identity and adequate
placement and accommodation for minority groups.
[IV][C] The National Centre for Transgender
equity’s concise guidelines of 2018
This revolves completely around the
correctional officers and advocates which acts as a blueprint relating to the
plight of transgender persons in correctional facilities. The pertinent
issues which are addressed include the use of protective custody, medical care
of transgender inmates, preserving their right to dignity and privacy,
displacing targeted violence due to bias and prejudice, placement standards,
sexual health and disease combatting methods and hormone therapy.
[IV][D]
The Framework for Preventive Monitoring by the Association for Prevention of
Torture and the Penal Reform International
This was concretized in 2013 and it
tried to cohesively document the various stages of vulnerabilities Transgender
inmates in the Criminal Justice System continue to face. These stages included
during police custody, interrogation, after arrest, search procedures and the
privacy of transgender persons, their placement in correctional facilities
during the different forms of detention, the abuse they face by the
correctional officials, use of solitary confinement as a measure to protect
them from other inmates, and the deep-rooted bias faced during various basic
facilities such as education, medical health checkups, vocational training,
etc. This framework also provides for the guidelines various nations can use in
their policies and right these grievous wrongs against vulnerable people.
Unfortunately, despite there being a
plethora of literature and developments internationally, the unfiltered reports
and discussion on the grave vulnerabilities and violations faced by the
transgender persons is little to none. Moreover,
the National Crime Records Bureau’s Prison Statistics of India, as reported and
published in 2018, still use the male/female categorization to report data in
correctional facilities[17]
[V] CHALLENGES FACED BY TRANSGENDER INMATES IN CORRECTIVE FACILITIES OF
INDIA AND ITS IMPACT
Transgender inmates in India face a host of
challenges which detrimentally effect their quality and humane character of
life. One of the biggest issues faced by transgender inmates in India is the
systemic categorisation of the inmates once they enter prison.
Outside the correctional facility, the
transgender persons face a specific problem called Gender Dysphoria wherein the
individuals have discomfort in the assigned sex at birth and the gender
identity which they identify to as there might be incongruence between the two
distinct characterisations. This gender dysphoria manifests itself in many
forms and leads to depression, anxiety and emotional distress which usually has
a significant and detrimental effect on an individual’s emotional and mental
wellbeing.
Aside from Gender Dysphoria[18],
transgender persons in society also face a lot of social stigma and
discrimination from the society due to their sex and gender. This is rooted in
cultural and religious belief as many religions, such as the Abrahamic religions
which generally consider only two genders, male and female. The society is also
prejudiced against the transgender persons in general due to the stigma and
stereotypes attributed to them throughout a person’s lifetime, such as begging
and prostitution.[19]
Due to such stereotypes and prejudices,
transgender persons are isolated and alienated from society which leads to
severe unemployment and poverty for the people of this category. This is
because the society at large is hesitant to introduce this class of persons
into the general discourse due to the stigma, stereotypes and prejudices
attached to them which may lead to association and collective flagging by the
community and society in general. [20]
Aside the from the societal pressure and
prejudice, transgender persons face a huge amount of abuse and stigma from
their family and peers as they come out as transgenders or because of the fact
they are transgenders. This is because of humiliation, abuse, strained
relationships and reputation faced by the family and peer groups due to the
stigma attached to the transgender individuals. One of biggest challenges faced
by transgender persons in India is the legal documentation of their true gender
identity due to the fact that many legal documents still do not recognise more
than two genders which leads to categorisation of the transgender persons into
either male or female which further leads to Gender Dysphoria and has a
detrimental effect on emotional and mental health of the individual in question[21].
While there are many challenges and problems
for transgender persons outside the framework of the correctional home, when a
transgender person became an inmate in India, they had to either be categorised
into the “Male” or “Female” category which leads to wrongful categorisation of
their gender identity the moment they enter the correctional home. This issue
was recently addressed by the Government of India in 2020 through a Ministry of
Home Affairs (MHA) Circular which mandated the implementation of the NALSA
judgement and stated that transgender inmates be recognised and be provided
separate jail wards, toilets and doctors. Some of the many challenges and
problems faced by transgender inmates in Indian correctional homes-
[V][A] Separate Jail wards
The MHA Circular is particularly relevant in this
context as it addressed various problems of the transgender inmates in India,
starting with different jail wards. Separate jail wards are
necessary for transgender inmates and is a huge issue due to the fact that the
transgender inmates are categorised into either male or female wards which
presents a danger and additional stigma and discrimination to the transgender
individual and the other inmates in the prison. There have many documented
cases of sexual assault of either the transgender inmate or other inmates where
such practice continues.[22]
Moreover, separate toilets supplement this notion of segregation between
transgender inmates and other gender inmates.
[V][B] Systematic Categorisation
The correctional homes in India systematically
categorised inmates into two genders before 2020, “Male” and “Female”. After
the MHA Circular advised the need for confirmation to the standards established
by the 2014 NALSA judgement, many correctional homes in India, especially the
district level jails. Misgendering of transgender inmates remains the norm in
many Indian correctional homes despite the MHA Circular, which might be
resonating from the fact that the circular was only advisory in nature rather
than executive. The lack of proper infrastructure for confirming gender
identity or transition surgeries coupled with the systematic categorisation and
discrimination against transgender inmates provide a proper recipe for disaster
in Indian correctional home which led to many deaths and crimes happening
against transgender inmates in correctional homes. [23]
[V][C] Access to Healthcare
Special doctors for Transgenders are necessary as transgender persons face specific,
unique circumstances, problems and illnesses which need to be diagnosed, treated
and rehabilitated correctly and adequately. This includes hormone therapy and
gender affirming surgeries which the prisons in India are generally not
well-equipped of diagnosing and providing. Hormone Replacement
Therapy (HRT) is a treatment which the transgender persons perform in order to
transition from their birth-assigned to real gender is absent across facilities in India due to the lack of awareness and sensitivity in
this aspect. The lack of access to this particular facility has led to earth in
many cases around the world and is a leading cause for physical, emotional,
mental and psychological distress of transgender inmates around the world.
Another important aspect of access to healthcare for transgender inmates are
Gender Confirmation Surgeries (GCS) which are essentially
Gender-Affirming Surgeries, help transgender individuals to conform to their
gender and sex identity fully through physical transformation[24].
This treatment is also rarely provided in Indian correctional homes due to lack
of healthcare providers and budgetary constraints.
[V][D] Prejudice, Discrimination, Stigmatisation
and Violence against Transgender Inmates
Transgender Inmates inside and outside of the
correctional home framework face extreme levels of discrimination and
stigmatisation due to the fact that they were born into the gender category of
‘Transgender’. This prejudice and stigma seeps through the walls of the
correctional home where the transgender inmates face stigma and discrimination
from other inmates and correctional home authorities alike. Due to the
previously discussed systematic categorisation, the transgender inmates are
more at the risk of discrimination and violence due to the fact that they are
from a different gender altogether which creates a sense of hostility coupled
with fear in the minds of the inmates of the correctional home This violence
against transgender inmates from correctional home authorities and inmates
alike, is rooted from the stigma and prejudice of the society against the Transgender
Community in general. This violence and stigmatisation inside the correctional
home leads to severe emotional and mental distress, coupled with the already
physical nature of violence against the transgender inmates. Separate Jail Wards are a very positive step in the direction of excusing
the transgender inmates from such violence and stigmatisation.
[V][E] Sensitivity Training-
Another important aspect that the MHA Circular
addressed is the issue of the correctional home staff and having proper training
on transgender rights, identity, issues and sensitivity. This leads to unfair
and discriminatory treatment by the correctional home authorities, the fault of
which cannot attributed directly to them due to their lack of training. To
bridge this gap, sensitivity training in such institutions is an absolute
must.
[VI]
RECOMMENDATIONS
While there have been many reforms since
independence, India’s correctional home framework needs to become more
inclusive and accepting of the rights and privileges of transgender persons in
general. Some recommendations for reform in the correctional home framework in
order to address the gap which exists in the recognition of rights of
transgender inmates in India-
[VI][A] Need for development of effective and holistic
policies
Develop comprehensive policies which address the
issues and challenges faced by transgender persons- This is the need of the
hour as there are no laws which directly address the problems aside from the
Transgender Persons (Protection of Rights) Act, 2019 which itself is a flawed
legislation many aspects such as inadequate and uneven implementation across
India, limited scope of access to healthcare and ambiguity in the determination
of rights and penalties. The need for a legislation which comprehensively
addresses the rights, privileges and treatment of transgender persons and
bridges the gaps and problems as mentioned cannot be negated and its effective,
uniform and clear implementation is a must. Rather than purely advisory
circulars such as the MHA Circular of 2020, the Government of India can come up with a more executive order in order ensure effective
implementation of policies and judgements across India.
[VI][B] Training and Sensitisation of Correctional
Home Officials
Correctional Home framework in India must be
reformed to include mandatory sensitivity training for all officials, staffs
and persons associated with the correctional homes in order to provide the
transgender inmates a more humane experience in the correctional home[25].
The individuals must be trained in proper handling and treatment of
transgenders, holistic understanding of the transgender persons rights and
liabilities and respect and compassion towards all cultures, communities,
creeds and religions. Moreover, experts from the relevant field can be brought
in to calculate the specialised knowledge of the rights, privileges,
treatment and problems of the transgender community to the correctional home
staff.
[VI][C] Improved Access to Healthcare
The framework of correctional homes in India must
include Gender Affirming Care Protocols which include the standardisation of
surgeries for gender affirmation such as the Hormone Replacement Therapy,
Gender Confirmation Surgeries etc. which would provide a stage for transgender
inmates to confirm to their gender identity and prevent discrimination and
stigmatisation on them. Moreover, Healthcare professionals in correctional
homes in India must include professionals who are specialised in handling
transgender persons and have knowledge on their issues and challenges.
Additionally, the provision of mental health services which are specially
tailored towards transgender persons can help alleviate the mental, emotional and psychological stress and complications
that transgender inmates go through
[VII]
CONCLUSION
In conclusion, the rights and welfare of
transgender inmates in Indian jails are a complicated and developing subject
that needs everyone involved to give it their undivided attention, implement
sweeping reforms, and maintain a constant level of dedication.[26]
The experiences of transgender convicts inside the Indian criminal justice
system expose a worrisome environment plagued by prejudice, violence, and
structural impediments that prevent them from serving their sentences with
dignity and safety.
The Transgender Persons (Protection of Rights) Act,
2019, was a turning point in recognising the identity and rights of transgender
people. It paved the way for reform by recognising the need to address the
unique difficulties encountered by transgender inmates. But as we have seen,
the Act also has a number of flaws and ambiguities that call for immediate
legislative changes and efficient execution. To truly protect the rights of
transgender inmates in Indian prisons, it is imperative to prioritize the
following actions:
I.
Legal Reforms
II.
Training and Sensitisation
III.
Improved Healthcare Access
IV.
Non- Discrimination
V.
Oversight and Accountability
VI.
Community Engagement
VII.
Research and Data Collection
India can make significant progress towards
fostering an inclusive and just criminal justice system that respects the
rights and identities of all its citizens, regardless of their gender identity,
by addressing these crucial areas and bridging the gap between the ideals of
the law and the lived realities of transgender inmates. Although it will be
difficult, the road to gaining full and equal rights for transgender persons in
Indian corrective facilities will be in line with the values of justice,
equality, and human dignity that are essential to any democratic society.
fin
[VIII] LIST OF REFERENCES
RESEARCH ARTICLES:
1.
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
3.
Longo, C. ‘Transgender
Rights in Public Prisons’, (2017), Siena College, Community Policy Institute
4.
Routh, D., Abess, G.,
Makin, D., Stohr, M. K., Hemmens, C., & Yoo, J. ‘Transgender Inmates in
Prisons: A Review of Applicable Statutes and Policies. International Journal of
Offender Therapy and Comparative Criminology’, 2015, International Journal of Offender Therapy and Comparative
Criminology
5.
E. F., & Khin Khin,
E. (2014). Fundamental Principles Inherent in the Comprehensive Care of
Transgender Inmates. The Journal of the American Academy of Psychiatry and the
Law
6.
Lee, J.L., Huffman, M.,
Rattray, N.A. et al. “I Don’t Want to Spend the Rest of my Life Only Going to a
Gender Wellness Clinic”: Healthcare Experiences of Patients of a Comprehensive
Transgender Clinic. J GEN INTERN MED 37, 3396–3403 (2022).
7.
Edney, R. (2004). To Keep
Me Safe from Harm? Transgender Prisoners and the Experience of Imprisonment.
Deakin Law Review
8.
Travis Wright Colopy,
Setting Gender Identity Free: Expanding Treatment for Transsexual Inmates, 22
Health Matrix 227 (2012).
9.
Kurdyla, V. (2022).
Advocating for Transgender Immigrants in Detention Centers: Cisnormativity as a
Tool for Racialized Social Control. American Behavioral Scientist, 66(13),
1777–1796.
10.
Gehi, P.S., Arkles, G.
Unraveling injustice: Race and class impact of medicaid exclusions of
transition-related health care for transgender people. Sex Res Soc Policy 4, 7
(2007).
CASES:
1. Navtej Johar
v. Union of India, AIR 2018 SC 4321
2. National
Legal Services Authority of India [NALSA] v. Union of India, (2014) SCC 438
3. WP(C) No.
24571 of 2022, decided on 29-07-2022, SCC Online, URL-
https://www.scconline.com/blog/post/2022/08/01/in-absence-of-special-category-transgenders-should-be-allowed-to-participate-in-their-self-perceived-gender-category-kerala-hc-upholds-transgenders-right-to-equal-participation-in-sports/
https://www.scconline.com/blog/post/2022/08/01/in-absence-of-special-category-transgenders-should-be-allowed-to-participate-in-their-self-perceived-gender-category-kerala-hc-upholds-transgenders-right-to-equal-participation-in-sports/
DEMOGRAPHICS AND
DEFINITIONS-
1. Transgender
inmates, identity, and detention: policy recommendations, Human Rights Watch.
Human Rights Watch, New York, March 1, 2006, p.
2. Marcovitch
H: Black’s Medical Dictionary (ed 41). London: A&C Black, 2005
3. Special
Information for Lesbian, Gay, Bisexual, and Transgender Prisoners, in A
Jailhouse Lawyer's Manual (ed. 9), Columbia Human Rights Law Review. 2011;
Columbia University Press; New York; pages 823–53
4. Transsexualism
in Belgium: Prevalence and Demography, De Cuypere G, Van Hemelrijck M, Michel
A, et al. 2007; Eur Psychiatry 22:137-41
GUIDING PRINCIPLES
1. Principles
of Yogyakarta (2007), one can find it at https://yogyakartaprinciples.org/.
(Last accessed on September 17th, 2023); Furthermore, the Yogyakarta Principles
Plus 10 were drafted in 2017, recognising the different and intersecting
grounds of gender expression and sex characteristics. accessible at
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Article Information
‘IDENTITIES IN DANGER: THE SYSTEMIC CATEGORIZATION OF TRANSGENDER PERSONS IN CORRECTIVE FACILITIES IN INDIA’ BY: SHREYA.G & AMRITANGSHU KAUSHIK
Authors: SHREYA.G, AMRITANGSHU KAUSHIK
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/18
- Issue 7
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International Journal for Legal Research and Analysis
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