Karnataka HC restrains use of 'strip and search' in transgender survey

Bengaluru, Oct 15 (PTI) The Karnataka High Court on Wednesday barred the state government officials conducting the ongoing 'transgender survey' from using any "strip and search" method to identify participants.

A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha also directed that all information gathered, since the survey began on September 15, must remain confidential and not be disclosed to any third party.

The court was hearing a petition filed by the Anita Humanitarian Foundation, which sought to quash government notifications authorising the 'Gender Minority Survey'.

The foundation argued that the exercise violated the Transgender Persons (Protection of Rights) Act, 2019, as well as Articles 14 and 21 of the Constitution.

Appearing for the petitioner, counsel alleged that transgender individuals were being subjected to strip searches in hospitals by persons who may not share the same gender identity. It was also submitted that transgender persons already possess official identity cards, making such verification redundant.

Issuing notice to the State government, the bench asked it to file its statement of objections by December 5, the next date of hearing.

"In the meantime, the Government of Karnataka and those conducting the survey shall inform transgender persons that participation is voluntary," the court directed. "We restrain the respondents from conducting any identification by strip and search method till the next hearing. The information collected during the survey shall be kept strictly confidential and not disseminated." The court further directed the Department of Social Welfare to file an affidavit within three days detailing how it plans to maintain the confidentiality of the collected data.

The petition also seeks the creation of a compensation and rehabilitation fund for transgender and gender-diverse persons allegedly subjected to forced verification or humiliation during the survey. Additionally, it calls for a public apology from the State for the "illegal, invasive and unconstitutional process" and demands accountability from officials who designed and executed it.

The petitioner further urged the court to direct the government to frame any future transgender welfare policies only after consulting representatives of the transgender and LGBTQIA+ communities, in line with the Supreme Court's NALSA v. Union of India judgment and Section 4 of the Transgender Persons (Protection of Rights) Act, 2019. PTI COR KSU ADB