'Without Any Discrimination Or Judgement': MHA Asks States, UTs to Sensitise Staff, Treat Queer People Fairly in Prisons

The union ministry of home affairs has written a fresh letter to all states and union territories regarding discrimination against the LGBTQ+ community in prisons.

The MHA has said that there should be no discrimination in access to goods and services to the queer community, which are available to the public at large, especially with reference to prison visitation rights.

The ministry has asked all states 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.

“Home Affairs (MHA) to reach out to all States and Union Territories and share the contemporary guidelines and best practices on varied aspects of efficient prison administration and management. 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,” the MHA said in its letter written on Monday. “With the objective of ensuring that there is no discrimination in access to goods and services to the queer community, which are available to the public at large, especially with reference to prison visitation rights, the following guidelines are reiterated.”

The ministry had prepared a Model Prison Manual, 2016, and a Model Prisons and Correctional Services Act in 2023 and had shared these with all state governments and union territory administrations for their guidance and implementation in their respective jurisdictions.

“It is reiterated that these provisions equally apply to the members of queer community and they can meet a person of their choice without any discrimination or judgement,” the MHA said.

The ministry while quoting the Act has said that every prisoner shall be allowed reasonable facilities of meeting or communicating with their family members (natal or chosen) relatives, friends, and legal advisers for preparation of appeal, procuring bail, or for arranging the management of their property and family affairs. They shall be allowed to have interviews with their family members, relatives, friends, and legal advisers.