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HIGH COURT OF DELHI
Date of Decision: 7th December, 2020
KARAN TRIPATHI ..... Petitioner
Through: Mr.Akhil Hasija, Mr.Yash Mishra, Ms.Ruchi Kohli, Ms.Manyaa Chandok, Mr.Nidhi
Jaswal, Mr.Pronoy Chatterjee, Ms.Srishti Mishra, Advocates
Through: Mr.Chetan Sharma, ASG with Mr.Harish Vaidhyanathan Shankar, CGSC with
Mr.Akshay Gadeok, Mr.Sahaj Garg, Ms.Kinjal Shrivastava, Mr.Varun Kishore, Advocates for
UOI.
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
1. We have heard the learned counsel for the parties. Mr. Chetan Sharma, the learned ASG, submitted that the issue raised in this petition has been resolved by the respondent vide communication dated 4th December, 2020 issued by respondent No.1. The said communication was shared by the learned ASG on screen and we have perused the same. The same will also be placed by the respondent on record. In view of the said communication, the respondents shall include transgenders in the gender D.N.PATEL, Chief Justice (Oral) Proceedings in the matter have been conducted through video conferencing. 2020:DHC:3506-DB classification of prisoners form in the future Prison Statistics India reports from PSI-2020 onwards.
2. For ready reference, the said communication is reproduced here-inbelow:- “No. STT (200)/PRISON STATISTICS INDIA-DATA/241/2020/NCRB Government of India Ministry of Home Affairs National Crime Records Bureau NH-8, Service Lane, Mahipalpur New Delhi – 110037 Dated: 04th December, 2020 To The DGs/IGs of Prisons of all States/UTs Sir/Madam, NCRB publishes statistical data on prisons and prisoners in the annual publication Prison Statistics India (PSI) since
1995. The latest edition of the PSI report 2019 was timely published by the Bureau with the whole hearted co-operation of the States/UTs. So far, PSI-2019 report data on prisoners was collected under two categories viz. Male and Female. Now, NCRB intends to include transgender in the gender classification of prisoners from PSI-2020 onwards. Accordingly, gender classification of the prisoners will be classified as Male, Female and Transgender in the PSI proforma and Annexures. It is also mentioned here that NCRB is conducting a two day online ‘Training of Trainers on Prison Statistics India’ on 3rd & 4th December, 2020. The trainees of the said course will be sensitized about the inclusion of transgender in the gender classification. It is requested to kindly direct the concerned officials to prepare for collection of transgender date in the gender classification of prisoners while collecting data for Prison Statistics India- 2020. The modified proforma and annexures will be sent in due course. This issues with the approval of competent authority. Yours Faithfully Sd/- (J.P.Arya) Chief Statistician”
3. In view of the aforesaid submission and looking to the communication dated 4th December, 2020 issued by the respondent No.1/UOI, the grievances ventilated in the writ petition have been brought to an end.
4. The writ petition is, accordingly, disposed of along with the pending application.
CHIEF JUSTICE PRATEEK JALAN, J DECEMBER 07, 2020 ‘anb’