TRANSGENDER REALITIES IN PRISONS IN INDIA: A LEGAL AND POLICYCENTRIC CALL FOR STRUCTURAL CHANGE

Abstract

Transgender prisoners in Indian prisons experience a singular intersection of structural abandonment, institutionalized bias, and legal erasure. Even after judicial acknowledgment of transgender rights and the passage of the Transgender Persons (Protection of Rights) Act, 2019, the carceral system remains entrenched in strict, binary structures that do not allow for gender diversity. The following paper critically explores the lived experiences of transgender prisoners in India, revealing legal protection gaps, custodial policies, and prison facilities. It questions matters such as arbitrary assignment to housing, refusal of gender-affirming treatment, and humiliating searches and admissions, which are all contrary to constitutional safeguards of dignity and equality. The analysis is based on Indian law, international human rights instruments—specifically the Yogyakarta Principles and Nelson Mandela Rules—and government guidelines, such as the Ministry of Home Affairs' new guidelines for the handling of transgender prisoners. The research argues that current legal and administrative structures are inadequate, frequently perpetuating, instead of alleviating, the marginalization of transgender individuals in detention. It recommends structural reform with a focus on gender self-identification, comprehensive healthcare, safe shelter, sensitization of prison officials, and enforceable mechanisms of oversight. The paper ends by concluding that unless India's prison system evolves beyond tokenistic acknowledgment towards real inclusion and protection of transgender persons, the constitutional promise of dignity and equality will continue to be unfulfilled.