<p>Bengaluru: The <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court </a>on Wednesday restrained government officials from using the "strip-and-search" method for identification purposes during the ongoing transgender survey. </p><p>A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha passed the interim order in response to a PIL petition filed by the Anita Humanitarian Foundation. </p>.Strip-searching of girls: DM orders probe; principal removed.<p>"..the government of Karnataka and the 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 said. </p><p>The bench also directed the Department of Social Welfare to file an affidavit within three days detailing measures to ensure confidentiality of information collected during the Gender Minority Survey, which commenced on September 15. </p><p>The petitioner challenged the government notifications for conducting the survey, claiming that it is ultra vires the Transgender Persons (Protection of Rights) Act, 2019, and violates Articles 14 and 21 of the Constitution. </p><p>The counsel representing the petitioner submitted that during the survey, transgender persons are taken to hospitals and subjected to the "strip-and-search" method for identification by other transgender persons who may not claim similar gender. The counsel argued that a survey is not required because transgender persons have already been issued identity cards in the state. </p><p>Besides seeking the immediate stalling of the survey, the petitioner demanded that any personal data collected under the impugned survey should not be disclosed, published or shared with any third party and that it be securely destroyed under the supervision of the high court or an appointed authority. </p><p>The petitioner also sought a public apology from the state to the transgender community for the "illegal, invasive and unconstitutional" enumeration process and an assurance to the court that such actions would not be repeated. </p><p>The petitioner sought a direction to the state to establish a compensation and rehabilitation fund for all transgender and gender diverse persons subjected to forced verification, strip-checking or other forms of humiliation and to disburse adequate monetary compensation to recognise the grave violation of their dignity and privacy. </p><p>They sought the court’s intervention to direct the state to frame guidelines to ensure that any future schemes, policies or data collection efforts relating to transgender persons are conducted with dignity, informed consent and strict protection of personal data.</p>
<p>Bengaluru: The <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court </a>on Wednesday restrained government officials from using the "strip-and-search" method for identification purposes during the ongoing transgender survey. </p><p>A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha passed the interim order in response to a PIL petition filed by the Anita Humanitarian Foundation. </p>.Strip-searching of girls: DM orders probe; principal removed.<p>"..the government of Karnataka and the 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 said. </p><p>The bench also directed the Department of Social Welfare to file an affidavit within three days detailing measures to ensure confidentiality of information collected during the Gender Minority Survey, which commenced on September 15. </p><p>The petitioner challenged the government notifications for conducting the survey, claiming that it is ultra vires the Transgender Persons (Protection of Rights) Act, 2019, and violates Articles 14 and 21 of the Constitution. </p><p>The counsel representing the petitioner submitted that during the survey, transgender persons are taken to hospitals and subjected to the "strip-and-search" method for identification by other transgender persons who may not claim similar gender. The counsel argued that a survey is not required because transgender persons have already been issued identity cards in the state. </p><p>Besides seeking the immediate stalling of the survey, the petitioner demanded that any personal data collected under the impugned survey should not be disclosed, published or shared with any third party and that it be securely destroyed under the supervision of the high court or an appointed authority. </p><p>The petitioner also sought a public apology from the state to the transgender community for the "illegal, invasive and unconstitutional" enumeration process and an assurance to the court that such actions would not be repeated. </p><p>The petitioner sought a direction to the state to establish a compensation and rehabilitation fund for all transgender and gender diverse persons subjected to forced verification, strip-checking or other forms of humiliation and to disburse adequate monetary compensation to recognise the grave violation of their dignity and privacy. </p><p>They sought the court’s intervention to direct the state to frame guidelines to ensure that any future schemes, policies or data collection efforts relating to transgender persons are conducted with dignity, informed consent and strict protection of personal data.</p>