MHA tells states to ensure LGBTQ+ prisoners rights in jails

New Delhi: The Centre has asked state governments to ensure that members of the queer community lodged in jails can meet a person of their choice without any discrimination or judgement as part of their prison visitation rights. In a communication to all state governments, the Union home ministry said it has been the constant endeavour of the Centre 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.

The ministry said it has come to its notice 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.

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 home ministry has prepared 'Model Prison Manual, 2016' and the 'Model Prisons and Correctional Services Act 2023' and these should be followed by all state governments and Union territories, it said.


"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 communication said.

According to the Model Prison Manual, 2016, 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 in a fortnight, it said.

According to the Model Prisons and Correctional Services Act, 2023, every prisoner shall be allowed reasonable facilities of meeting or communicating with their family members, relatives, friends and legal advisers for preparation of appeal or for 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.