Karnataka High Court bars strip-searches during State's survey of transgender persons

The Karnataka High Court on Wednesday restrained the State government from conducting any 'strip and search’ methods for gender identification during its ongoing survey of transgender persons in Karnataka [Anita Humanitarian Foundation V State of Karnataka].

The Division Bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha passed the order while hearing the Public Interest Litigation (PIL) petition filed by the Anita Humanitarian Foundation.

The foundation has challenged the State government’s transgender survey, which commenced on September 15.

The Court has also ordered that the survey must be strictly voluntary and that all personal data collected during the same must be kept confidential.

The petitioner organisation has contended that the survey is ultra vires the Transgender Persons (Protection of Rights) Act 2019 and violative of Articles 14 (right to equality and rights against discrimination) and 21 (right to life, including right to dignity) of the Constitution of India.

They raised concerns that the State's surveyors have been using invasive verification practices, including “strip and search” methods in some hospitals to verify the participants’ gender.

It was argued that transgender persons are already recognized and documented by the government through identity cards, and that conducting another survey was unnecessary and humiliating.

The Bench yesterday took note of these concerns. It allowed the survey to continue for now, provided that participation in it is strictly voluntary. It also emphasised that the dignity and privacy of transgender persons must be protected while implementing welfare measures.

The Court said it will hear the case further on December 5.

"In the meanwhile, the Government of Karnataka and the persons conducting survey shall ensure that before calling upon any of the persons to participate in the survey they are informed that their participation is strictly voluntary ... we also restrain the respondents (State authorities) from conducting any identification by strip and search method till the next date of hearing. We further direct that any information collected during this survey should be kept strictly confidential and shall not be disclosed," the Court's order said.

The State has further been directed to file an affidavit within three working days, outlining the measures taken to maintain the confidentiality of data collected during the survey.