Law & Legal Studies

The Indian Prisons and The Search for Equality: The Problems Faced by Transgender Inmates

The Indian Prisons and The Search for Equality: The Problems Faced by Transgender Inmates

The paper touches upon the various problems faced by transgender inmates in Indian prisons and offers solutions which could help provide such inmates with a habitable and reputable environment to be detained in.

Authors

Harsh Mahaseth, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Sparsh Jain, student, Symbiosis Law School, Noida, Uttar Pradesh, India.

Summary

The social stigma around the transgender community is changing and taking a turn for the better. But this change may be slower than expected if we take into consideration the discrimination the transgender community faces not just in a particular aspect but in all walks of life. They are denied education and employment opportunities, discriminated against in their homes, and looked down upon by society. Even more so, they are ridiculed and made fun of and act as a source of amusement which people get by humiliating such people.

The authors, through this article, try to explore the discrimination and humiliation faced by transgender people in an Indian prison and emphasise upon the advisory given by the ministry of home affairs regarding the provision of separate housing cells for people belonging to these marginalised communities.

The authors try to explore the societal gap which exists acting as an imminent factor in the unequal treatment and harassment of transgender inmates. The paper touches upon the various problems faced by transgender inmates in Indian prisons and offers solutions which could help provide such inmates with a habitable and reputable environment to be detained in.

The paper includes a descriptive analysis of the issue at hand with the solutions and the change in perspective that society needs to leave behind to prevent the stigmatisation of the transgender community.

Published in: Economic and Political Weekly

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