Invisible Identities: transgender persons, prisons and preliminary perspectives from India

Ghosh, Arijeet (2024) Invisible Identities: transgender persons, prisons and preliminary perspectives from India. In: Transgender People Involved with Carceral Systems: International Perspectives. Routledge, London, pp. 223-241. ISBN 9781003169796

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Abstract

It was only as late as 2014 that the Supreme Court of India, through National Legal Services Authority v. Union of India (NALSA Judgement), recognised the rights of transgender persons in India. However, despite this recognition and subsequent legislation by the parliament to protect the rights of transgender persons, the implementation of the same has been questionable. Moreover, a discussion regarding the rights of transgender persons vis-à-vis criminal justice institutions has been mostly absent. This chapter attempts to build on a report released by Commonwealth Human Rights (CHRI), which documented the number of transgender persons across Indian prisons while analysing the implementation of NALSA Judgement within prison settings. It also tries to analyse the subsequent developments that have taken place, such as an advisory by the Ministry of Home Affairs for the treatment of transgender prisoners in 2021, which is the first legal instrument on the basis of which transgender prisoners will be treated henceforth.

Item Type: Book Section
Keywords: Transgender | Prison | rights of transgender
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 27 Dec 2024 18:54
Last Modified: 27 Dec 2024 18:54
Official URL: https://doi.org/10.4324/9781003169796-11
URI: https://pure.jgu.edu.in/id/eprint/8923

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