BENGALURU: The Karnataka High Court on Wednesday restrained the state government and those conducting a survey of transgenders from conducting any identification by using the ‘strip and search’ method.
The court also ordered that information collected during the survey, which commenced on September 15, be kept strictly confidential.
A division bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha passed the interim order after hearing the petition filed by Anita Humanitarian Foundation, praying to court to quash notifications issued by the state government for conducting the ‘Gender Minority Survey’ from September 15. Also issuing notice to the state government, the court adjourned the hearing to December 5 to enable the state to file a statement of objections.
The court said the state government and people conducting survey should ensure that before calling on transgenders for survey, they are informed that the survey is voluntary. The court also asked the Dept of Social Welfare to file an affidavit within three days, setting out the method in which collected information will remain confidential.
The petitioner contended that the survey is ultra vires to the Transgender Persons Act, 2019, and also violative of Articles 14 and 21 of the Constitution. Transgender persons are being subjected to strip and search methods in hospitals, by other transgender people who may not claim a similar gender. Transgender persons have already been issued identity cards, and there is no requirement to subject them to a survey once again.
