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Ensure No Discrimination in Access to Goods and Services to LGBTQ+ Community in Jails: MHA to States

In a fresh letter written to the States and UTs, the home ministry reminded them of the Model Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023. The ministry said that members of the queer community should get all rights like others.

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Representative Image (File Photo)

By ETV Bharat English Team

Published : Jul 17, 2024, 8:27 PM IST

New Delhi :Stating thatmembers of the queer community (LGBTQ+) are often discriminated against because of their gender identity or sexual orientation and often face violence and disrespect in prisons, the home ministry has asked all States and UTs to ensure no discrimination in access to goods and services to this community.

In a fresh letter written to the principal secretary (home) and DGs and DIGs of States and UTs, the home ministry asked them to sensitise concerned officials at all levels to ensure that all persons are treated equally in a fair and just manner and no person, especially those belonging to the queer community, is discriminated against in any way whatsoever.

“It has come to the notice of this Ministry that members of the queer community (LGBTQ+) are often discriminated against because of their gender identity or sexual orientation and often face violence and disrespect. To ensure that there is no discrimination in access to goods and services for the queer community, MHA prepared a “Model Prison Manual, 2016” and a “Model Prisons and Correctional Services Act” in 2023 and shared the same with all State Governments and Union Territory Administrations for their guidance and implementation in their respective jurisdictions,” the letter in possession of ETV Bharat said.

Referring to the Model Prison Manual, 2016, the ministry said that every prisoner shall be allowed reasonable facilities for seeing or communicating with, his/her family members, relatives, friends and legal advisers for the preparation of an appeal or for procuring bail or for arranging the management of his/her property and family affairs. He/she shall be allowed to have interviews with his/her family members, relatives, friends and legal advisers once a fortnight, it said.

“On admission, every prisoner should submit a list of persons who are likely to interview him/ her and the interview shall be restricted to such family members, relatives and friends. The conversation at the interviews shall be limited to private and domestic matters and there shall be no reference to prison administration and discipline and other prisoners or politics… It is reiterated that these provisions equally apply to the members of the queer community and they can meet a person of their choice without any discrimination or judgement,” the ministry said in its letter.

Quoting Model Prisons and Correctional Services Act, 2023, the ministry said that prisoners may communicate with their visitors, namely family members, relatives and friends through physical or virtual mode, under the proper supervision of prison authorities. “Visitors to inmates shall be verified/authenticated through biometric verification/identification… It is reiterated that these provisions equally apply to the members of the queer community and they can meet a person of their choice without any discrimination or judgement,” the ministry said in its letter.

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