Central Government today informed the Delhi High Court that transgender people shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB). [Karan Tripathi v. NCRB & ors].
Additional Solicitor General Chetan Sharma made a statement to this effect before a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan.
The Court was hearing a PIL by Karan Tripathi (petitioner) seeking separate data on transgender prisoners in NCRB reports.
ASG Sharma stated that NCRB had issued a communication informing that it intended to classify prisoners as male, female, and transgender people from its report, Prison Statistics India – 2020.
Officials have been directed to prepare for the collection of data; accordingly, NCRB has said. Because of the above decision, the PIL was disposed of.
On the last date of hearing, the Court had asked the Central government to come back with instructions regarding the petitioner’s pending representation.
Prima facie, the prayers are very pertinent and reasonable, the Court had said.
The petitioner had argued that to ensure equality and protection under Articles 14, 15, 19, and 21 of India’s Constitution, it was imperative to categorize the third gender/transgender people as a separate gender in prison statistics.
Relying heavily on the Supreme Court’s verdict in NALSA v Union of India, the petitioner argued that unless transgender inmates were recognized, the Supreme Court’s guidelines to protect their rights could not be implemented.
Advocate Akhil Hasija represented the petitioner. It was filed through Advocates Yash Mishra, Akhil Hasija, and Manyaa Chandok of Alliance Law Group.