Centre tells Delhi HC: Transgender, separate gender category in Prison Statistics Report

Inheritance Rights of Indian Transgender People: A Grey Area in the Personal Laws

Delhi HC Division Bench of Chief Justice DN Patel and Justice Prateek Jalan was today informed by the Central Government in the case of Karan Tripathi v. NCRB & ors that transgenders shall be now included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB).

The court was hearing a PIL by Karan Tripathi (petitioner) seeking inclusion of separate data on transgender prisoners in NCRB reports.

ASG Chetan Sharma stated that NCRB has issued a communication informing that it intended to classify prisoners as male, female and transgenders from its report, Prison Statistics India – 2020 onwards and that the officials have been directed to prepare the data in accordance with it.

The court said on the last date of hearing that the prayer of the petitioner are very much reasonable and so asked the Central government to come back with instructions with regards the pending representation of the petitioner. The petitioner argued that such rights are protected under the rule of equality under Article 14, 15, 19 and 21of the Constitution of India and it was very much needed to have third gender in prison statistics.

The PIl was dispose doff after making the above decision.