Karnataka High Court Restrains 'Strip Search' Of Persons For Transgender Survey

The Karnataka High Court on Tuesday restrained the State government and persons conducting the 'Transgender survey', from conducting any identification by using the "strip and search" method.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha further directed that the information collected during the survey, which commenced on September 15, be kept strictly confidential and not be disseminated.The interim order was passed on a petition filed by Anita Humanitarian Foundation, seeking to quash the notifications issued by the State for conducting 'Gender Minority Survey'. The plea claims that the same is ultra vires to the Transgender Persons (Protection of Rights) Act 2019 and also violative of Articles 14 and 21 of the Constitution. Counsel appearing for the Foundation contended that transgender persons are being subjected to strip and search methods in hospitals, by other transgenders who may not claim similar gender. It is submitted that transgender persons have already been issued identity cards and there is no requirement to subject them to a survey once again.The bench has issued notice on the plea and directed the State to file its statement of objections by December 05, the next date of hearing.“In the meanwhile, the Government of Karnataka and persons conducting the survey shall ensure that before calling upon transgenders to participate in the survey they are informed that the same is voluntary...We restrain the respondents from conducting any identification by strip and search method, till the next date of hearing. We further direct that any information collected during the survey be kept strictly confidential and not be disseminated." The Court has also called upon the Department of Social Welfare to file an affidavit within 3 days, clearly setting out the method in which confidentiality of the information collected during the survey will be maintained.The plea also seeks establishment of a compensation and rehabilitation fund for all transgender and gender diverse persons who were allegedly subjected to forced verification/ strip checking or other forms of the humiliation under the impugned survey "in recognition of the grave violation of their dignity and privacy".It also seeks that the State issue a public apology to the transgender community for the "illegal, invasive and unconstitutional process" of enumeration undertaken and to assure that such actions will not be repeated. The plea further seeks to fix accountability on erring officials who designed and implemented the impugned survey. The plea also prays for direction to frame and implement any future policy for the welfare of transgender persons only after due consultation with representatives of the transgender and LGBTQIA community, in conformity with Supreme Court's decision in NALSA v. Union of India and Section 4 of the Transgender Persons (Protection of Rights) Act 2019.Case Title: Anita Humanitarian Foundation AND State of Karnataka & OthersCase No: WP 30444/2025Appearance: Senior Counsel, S Sreevatsa, Advocates Shravan Madhav K P, Dhanya KS, Arun J Birje, Skanda RK Rao, Varun Nair Vivek and Karuna Basavaraj and Advocate Udita Ramesh for Petitioner.AGA Niloufer Akbar for Respondent 1, 2, 3.

Karnataka High Court Restrains 'Strip Search' Of Persons For Transgender Survey

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