International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 8 Issue 2
March-April 2026
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Behind Bars And Beyond Identity: Navigating Gender, Law, And Incarceration In India
| Author(s) | Ms. Prasiddhi Shashank Sawant, Ms. Shreya Ramakant Tiwari |
|---|---|
| Country | India |
| Abstract | This paper presents a comprehensive socio-legal examination of the rights of prison in India, with a specific focus on the unique vulnerabilities faced by transgender prisoners. Imprisonment, while intended as the State’s response to criminal conduct, does not strip a person from their fundamental humanity. Yet Indian prisons; overcrowded, under- resourced and institutionally indifferent, routinely fail to uphold even the minimum constitutional guarantees owed to these within their walls. This paper traces the philosophical underpinnings of punishment through the major theories of penology; surveys the classification of prisoners and their corresponding legal rights under constitutional, statutory and international framework; examines the particular cruelties visited upon transgender inmates through documented incidents of violence, discriminatory segregation, denial of medical care and institutional invisibilities and purposes concrete recommendations grounded in constitutional values, international human rights standards and the imperative of dignified treatment for all prisoners regardless of gender identity. The central argument is that the conditions of the transgender person in the Indian prison represents the intersection of every systemic failure; of the criminal justice; of the healthcare; of social acceptance, and of the legislative implementation. Addressing this failure is not a matter of charity but of constitutional obligation. |
| Keywords | Transgender Prisoners, Rights of Prisoners, Theories Of Punishment, Article 21, Indian Prisons, NALSA Judgment, Yogyakarta Principles, Transgender Persons (Protection Of Rights) Act, 2019, Prison Reform, Custodial Violence. |
| Field | Sociology > Administration / Law / Management |
| Published In | Volume 8, Issue 2, March-April 2026 |
| Published On | 2026-04-12 |
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E-ISSN 2582-2160
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IJFMR DOI prefix is
10.36948/ijfmr
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