Karnataka HC curbs use of ‘strip and search’ method during survey on transgenders
Bengaluru: A division bench of the Karnataka High Court has barred the state government and people from using the ‘strip and search’ method of survey to identify transgenders.
The two-judge bench, consisting of Chief Justice Vibhu Bakhru and Justice CM Poonacha, directed the concerned authorities on Tuesday to keep the information collected during the survey, which began on Wednesday, strictly confidential.
The interim order was passed after hearing a petition by Anita Humanitarian Foundation that asked the court to quash the notification issued by the state government to conduct the ‘gender minority survey’. The petitioner’s advocate also argued that transgenders were being subjected to the strip and search methods in hospitals and also other transgenders who may not claim to be of the same gender.
The advocate argued that, since transgenders were already handed identity cards clarifying their gender, it was unnecessary to subject them to repeat the survey.
The bench, which heard the case, issued notice to the state government to file its statement of objection and adjourned the case to December 05.
“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 three 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 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,
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Bengaluru: Four arrested for housebreaking, threats, extortion; fake PSI among accused
Bengaluru: Vidyaranyapura police have arrested four persons, including a man posing as a Police Sub-Inspector (PSI), for allegedly breaking into a house, threatening the occupants, and extorting money while wearing police uniforms.
The arrested accused have been identified as Mallikarjuna, Pramod, Vinay, and Hrithik.
Police said the accused had hatched a plan to pose as police personnel, conduct fake raids, and extort money from residents by intimidation.
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According to the police, Mallikarjuna had failed the PSI examination twice and later falsely projected himself as a PSI. He allegedly conducted photo shoots in his hometown, Siraguppa, wearing a police uniform, baton, cap, and shoes, claiming to be serving as a PSI in Bengaluru.
On December 7, the four accused allegedly went to the house of Naveen in the Vidyaranyapura limits, threatened him with a stick and an iron rod, and claimed they had information that he was selling ganja. Under the pretext of searching, they allegedly extorted ₹87,000 through bank transfer, ₹53,000 in cash kept in the house, and ₹2,000 from his wallet.
Following Naveen’s complaint, Vidyaranyapura police registered a case and launched an operation, leading to the arrest of all four accused. Police have seized ₹45,000 in cash and the car used to commit the crime.
Further investigation is underway.
