The Punjab Police has informed the Punjab & Haryana High Court that there are no provisions for separate lockups or toilets for transgender persons in district police stations.
In an affidavit submitted by Assistant Inspector General of Police, Punjab, it was stated, “According to the information provided by the field units, there are no separate lockups or toilets available for transgender persons in district police stations.”
This development follows a petition by Sunpreet Singh, an advocate, who moved the High Court arguing that, as ‘Transgender’ is recognized as a third gender, separate cells, wards, barracks, and toilets should be established in prisons and police stations to protect transgender individuals from mental or physical harassment, in accordance with the Supreme Court’s ruling in NALSA v. Union of India. The petition also referenced the Patna High Court’s decision in LAW Foundation v. State of Bihar & Ors., which directed the creation of separate wards and cells for transgender persons in all Bihar prisons.
The plea highlighted testimonies from transgender prisoners indicating that jails are custodial institutions where transgender individuals face heightened risks of mistreatment and “brutal forms of sexual violence” due to their gender identity.
In response to the plea, the Court had sought replies from the Punjab government, the Haryana government, and the Union of India. The Punjab Police’s reply stated that there are no facilities for separate toilets or lockups for transgender persons at police stations. However, it noted that when a transgender person is taken to a police station or lockup, their identification is ensured through either a medical check-up or verification of documents such as Aadhaar Card or Voter Card.
The matter is scheduled for further consideration before Chief Justice Sheel Nagu and Justice Anil Kshetarpal on September 27.
