HC seeks govt clarification on Sec 36A of Police Act

The High Court on Friday asked the State government to clarify its stand, and how it intend to amend Section 36A of the Karnataka Police Act, 1963, which talks about maintaining register of names and places of eunuchs who are suspected of kidnapping or emasculating boys.

The petitioner, Karnataka Sexual Minorities Forum, has approached the court contending that the State government have inserted the said Section of the Act in April 2011, and that the provision thereto has further marginalised the transgender community, which is already facing widespread stigma and discrimination.

The petitioner has further contended that section 36A operates on the erroneous assumption that the members of the transgender community have an innate tendency towards crime. The transgenders have to live under constant fear of police  action.

The petitioners have sought the court to declare the said Section as ultra vires or to strike it down. The government counsel sought time on the matter. A division bench comprising acting Chief Justice S K Mukherjee and Justice Ravi Malimath granted time and adjourned the hearing till January 12.