The Karnataka High Court Wednesday restrained the government from using strip searches for identification in the ongoing transgender survey.
A Division Bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha passed the order in response to a petition filed by the Anita Humanitarian Foundation.
The bench noted the submission of the petitioners that transgender people were being subjected to strip search methods in hospitals conducted by other transgender people, with the petitioners also contending that the survey was not necessary, as they already have identity cards.
By way of an interim order, the bench directed that the government and those conducting the survey ensure that survey participants are informed of the survey’s voluntary nature. “In the meanwhile, we also restrain the respondents from conducting any identification by the 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 added.
The bench also directed the Department of Social Welfare to file an affidavit within three working days detailing the measures being taken to maintain confidentiality.
The Foundation’s petition sought to discontinue the transgender census that began in September, arguing that it is violative of the fundamental rights to equality and liberty. It also sought a direction for the data collected so far not to be disclosed to third parties, and instead be deleted securely.
The petition further calls for a compensation fund for trans/gender diverse persons who underwent strip searches, etc, along with an apology to the trans community for the “illegal, invasive and unconstitutional” enumeration process. Alongside requests for implementation of specific welfare measures for the transgender community, the petition also requests accountability on officials designing or implementing the survey “without statutory sanction or community consultation.”
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Dr Anita Prasad of the Anita Humanitarian Foundation earlier said in a statement on social media that the survey “forces transgender persons and survivors of the Devadasi system into humiliating verifications, strip checks, and invasive questioning”. She added that it also excluded transgender men, non-binary persons, and genderfluid identities, amongst other issues.
In a later post after the court’s order, she described it as a “landmark moment for human dignity and justice.”
The matter is set to be heard further on December 5.