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lernrnenthasevolvedvariousschemesforprovidingpensionthe Karnataka Governrrrent nas evt.tl

andself-employment.grantstomembersoftheTransgender'comrnunity.In

on has successfully tied up with reputedacLdition, the Petitioner organisation ftas succcsru'

organisationslikeReachLawandAlternateLawForum,whichareactively

involvedingivinglegalaidtothemtoensurequalitylegalservicesareavailable

to sexual rninorities free of cost'

2, The Petitioner submits that the 1st Respondent ha9 lecently inserted section 36A

inthel(arnatakaPoliceAct,Tg6Switheffectfrom26.04.20T1rwhich,ishighly

d.iscriminatorll:urd. violate the fund'amental rights of the ffansgender community

arrd the same reads as under:

,,g6A.The Commissioner of police, may, in order to prevent or suPPress

5t-^'-,,'b

or conrrol undesirable activitie" or sffiIn", in the area under his charge'

by notification in the officia| G-azette' make orders for'-

(a)preparationandmalntenanceofaregisterofthenamesandplacesof\ r$tfrr S.*tp t.siding in the area under his charge and who are

resider boYs or of

reasonably suspected of kidnapping or emasculating

committing unnatural offences or any other offences or abetting-the

. comrnission of such offences'

(b) filing objections by aggrieved'

!t\\ 6>g,lz-frlrJ,d'hunuchsJtr, ,o the inclusion of his name in

ihe register and for removal of his name from the register for reasons to be

recorded in writing;tl nt"'^:o.''l

(c) prohibiting a registered mffi;h f'om doing zuch activities as may be

stated in the order.

(d) any other matter he may consider necessary'

#

r*i"]*J w[l3' It can u. ,..nkri*"uffir,r".t of the said section 36.4' that, the Cornmissioner of

police is given special Po!\rers to control the undesirable activities of Eunuchs' only' Section 364 (a), emPowers him to orcler preparation and maintenance of aregister of the nanes and residential addresses of Eunuchs, who are reasonablysuspected of having been involved in offences like kidnappin& ernasculatior-r of

boys, unnatural offences, etc. In view of this, mere suspicion as opposed to proofof guilt beyond reasonable d.oubt, is sufficient for a Eunuch to find his/her name

in the register. Even though Sub-Section (b) of Section 36,.4 provides for filing of

objections by the concerned eunuch to file his/her objections to the inclusio. ofhis name in the register, no such opportunity is given to hirn to have his saybefore his name is included in the register. once registered, a Eunuch f;nds

himself/herself at the rnercy of the Police under section 364 (c) as per which the

Commissioner can order that he/she be prohibited from doing such activities as

may be specifiect in the order passed'o, nr*. section 964 (d), also gives

commissioner wide unguided powers as per which he can pass any order

against eunuchs in respect of any other matter he may considertnecessary.

4' As an understanrJing of the Transgender community is pivotal to fully srasp fl1*

nature of fundamental rights violation inllicted on them by the above provision.

of law, the Petitioner wishes to place the same on record.

,',5. At the outset, "Transgender,, is an umbrella term which is generally used to

describe Persons whose own sense of gender d.oes not match with the gender

assigned to them at birth. The term includes persons known as Jogappas, Hijras,

Kothis, Female to Male ur,a tutt. to Female transgenders, intersex people, jogtas,

shivashakthii and Aravanis. Transsexuals are a sub group of transgenders. As

Sex Reassignment Surgery (SRS) is an expensive process, many Hijras and Male- ,$,

to-Female transsexuals go for niraan(emasculation surgery i.e. surgical rernoval

li,, ":

t-- --

ctLicles) to align ttreir body with their gender identiry' Post-

oductiveMa1e-to-Female t

operative HiirasT Male-to-Female transsexuals have no female rePr

orsansormenstruation.Tofallurrderthepurviewofthetefrn,,Transgendef,,,

tlrereisnorequirementthataPelsonhastohaveund'ergonesexreassignment

Surgery.ontheotherhand,theorrlyqualificationrequiredtofallwithinthe

purviewofthisterm,islackofalignmentofone,ssenseofgenderid.entitywith

one's anatomy. Resultantl]' the term "transgencler"' in contemporary usage' has

' 'sed

to describe a wide range of identities and

become an umbrella term that is t ,ive, post-operative and non-

experiences,includingbutnotlimitedtopre'operative,posf.UPcrqlrv

operative Eansgender people'

6.Althoughformerlycelebratedinlndianculture,thetransgenderco]nmunityhas

alsosufferedexcessesandbeensubjectedtclwidespreadsocialstigrnaand

discriminationinlndia.Themoreglaringp.aralleltoS6ction36.Aoftheminal Tribes

KarnatakaPoliceAcl'1963("KPA'forshort)istheBritishEraCri:

Ac1,1877 ("CTA' for short)'

T.ItissurprisingthatSection36,\hasbeeninsertednowintheKPActeventhough.

a similar obnoxious provision in the British Era Criminal Tribes Act (,CTA,,,, , for

short)wasrightlyrepealedintheyearllgilgitself.TheCTAprovidedfor

registrAtion,surveillan;eandcontrolofEunuchs,whichactedasaprecursorto

arbitrary arrests and jetention, by assuming that the Eunuch community was

innatelycriminalandaddictedtocommissionofoffences.Inotherwords,md this acted

members.of the Eunuch comrnunity were assumed to be criminals '

aSaPrecursortoarbitraryarrests,detentionandharassmentltthehandsofthe

law enforcement agencies of the time'

r(3Alttrough, the cTA was repealed in the year 1g4g, the unfailTless and the

irrt "...it affront to hurnan gigr,rty of eunuchs that was the foundation for the

CTA, remained pervasive in Indian society well into the 21't century' In a study

titled "Hifas/Transgender Women in India: HIV, Human Rights and Social

Exclusion,' published by United Nations Developrnent Prograrnrne, India in the:

December issue, 2010, it was observed that significant number of members

within the Transgender Community suffered from depression, anxiety and

suiciclal tendencies as a consequence of societal stigrna, lack of social support'

violence related stress and sexually transmittecl diseases. Furthermore, ai can be

seen frorn' the Karnataka Backwarcl Cla.sses Comrnission's decision tc

recommend the transgender community for inclusion under Category 24' thc

community grapPles with profound socio-economic problems ranging from lack

of education and ernployrnent to absence of opportunities for participation in

public life. The repor:t concluded by makin$, inter alia, a recommendation that

India should. implement stigma and cliscrimination reduction measules such as

sensitisation and training Prograrns for the police. A copy of the said report is

produced herewith as Per ANNEXURE-A'

g. In this backd.rop, the Hon'ble Supreme Court of India in the case of National Legal

sentices Authority p. l-Inion of Inclia, in w.P. 400/2012 (hereinafter referred to as

the "Transgender rights" judgement), while taking cognizance of the pitiable and

pathetic situation of the transgender community and while endorsing the

worldwide evolutior:r in jurisprudence that has compelled societies to embrace

them, issued. rrrany directions to the lJnion and state governrnents for

recognising the fundamental rights of the community, among which, the relevant

ones being as undcr:,

(1) Hiiras, Iiunuchs, aPart from binary gender' be treated as

"third gender" for the Purpose of safeguarding their

i

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rights under Part III of our Constitution and the

' made by the pt'iit*"ttt and the State Legislature'

(4)centreandstatet:":-'H:T:::"rTiff ::"ff:1"Xi:1"::,."'#ffffi #;;;Ju1u,1i111*TSll.':X""*:ffJ',]i;:]- g?"o"' ivsphoria'.,'-".:i1^'::T:"it"lJ;",Jtlll,'L,",lll*..o-"i"t|'t::::'::t:";:::":"1

:ff':'iJt?#'l;^t"t-i"' declaring one's gender is

laws

(2) Transgender persons' right decide their self-

identified g""al'- i' also upheld and the -Centre

and

state oor""*Ji' n'" ot'""La 'o

grant legl recognition

' of their g"rru"'--ilentity such as male' female or as

third gender'

(3) We d.irect the Centre and the State Governments to take

stePs to treat them as socially and educationally

backward classes of citizen" ttti extend all kinds of

reservation -i]'t --"u""' of admission in educational

institutions and for public appointments'

immoral and illegal

(u):"'T":"i.^r[:"t1"""j:I"ffiT"':"#:ir",::o:J:;framing varl(betterment'

(6) Centre and' State Governments should take steps to create

public awareness so that TGs will feel that they are also

part and n"J;;;-u";o' life and be not treated as

(7) Centre and the State Governments should also take

measures to regain their respect and place in the society

which once they enjoyed in our cultural and social life'

i

: ro. Rs can be seen from a perusal of the directions issued by the Hor{ble Supreme

bligated to change its perspective of transgender

, Court, the 1st ResPondent was o

I :-k^,{,'a ri'roasllres to achieve their emancipation and welfare'

communitY and introduce measures

In fact, the state of Tamil Nadu lras;already introduced a c.mprehensive welfare

policyfortheTransgend'ercommunitythatcontemPlatesaccesstofreesexr . /ano\ E-na:teassisnment surgeries (SRS), free housing Programs and even scholarship for

:ed Nations DeveloPrnent;higher education' A copy of the rePort of the Unit

!

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{

Nazi Gerrnany, began rarith the rnandatory rdgistration of Jevtrs rarhich eventually

culminated in their genocide. Similarly, the violence against minorities in Taliban

ruled Afghanistan involved, among other 'things, requirement for the Sikh

cornrnunity to register themselves .and \ rear an identifiable band. When

examined from the perspective of the lessons. iearnt from these dark chapters in

human history, the dangers of profiling of transgenders through legislations like

Section 36,4. become evident.

15. The provisions of Section 36,4,,' are violation of Article LrL of the Constitution, for

the following reasons:

a) Section 364 specifies that the Commissioner of Police in order to prevent

suppress and control the undesirable activities of Eunuchs may make orders

of the nature specified in sub clauses (a) to (c). Therefore, the actions of the

Cornrnissioner of Police pursuant to the powers conferred to him, are to be

exercised with a view of controlling or suppressing "undesirable activities" of

Eunuchs only and not any other section of the society. There are also no

guidelines to him as to what constitutes undesirable activities which rnay

result in his exercising his powers arbitrarily against Llny eunuch.

b) Sub-Section (c) of Section 36,4 gives arbitrary powers to the Commissioner to

prohibit by an order any eunuch from doing any activity as may be stated in

the order. It is left to the 'rnrhirns and fancies of the Cornrnissioner to

determine what is an "undesirable activity", as no policy directive is

provided to guide him.

c) In the result, the Commissioner of Police has unfettered and unqualified

discretion to regrrlate what a eunuch, once registered, can or cannot do.

s(7

d) Further, as per sub section (d) of Section 36A of the KPA, the Commissioner

has the power to make orders for "arry other matter he may consider

necessary". Neither the langUage ernployed Section 36A nor any other

provision of the Act guides the Commissioner of Police in understa.nding as

to what are the other matters on which he can pass orders.

e) Section 36 seems to have been enacted on the untenable assumption that

eunuchs, who belong to the transgender community, have some innate

leaning towards crime, which is a school of thought, the British propounded

throulh the Criminal Tribes Act,187!, an enactmeflt known for its inherent

unfairness and historY of misuse'

0 Not only is this understanding of Eunuchs flawed and without basis, it has

cornpletely ignored the ground reality-' that forrned the basis for the

Transgender Rights Judgement cited ,rrpru, namely, that the transgender

comrnunity far frorn being perpetrators of "ri.rru, are victirns of

discrimination, abuse, police harasstnent, Poverty, unemployment and social

stigma. That, the 1*t Respondbnt is acutely aware of the plight of Eunuchs and

Transgender Colrtrnunity at large, is borne by its own efforts to include them

in the list of backwarrl. classes anct in its announcement of special welfare

schemes such as pension and self-employrnent-grants for them' The object

behind Section 36.4 being illegal, the same is liable to be struck down.

g) Even assuming, but not admitting that the object of Section 364 is legal ando

proper, still the classification is unreasonable for the want of an intelligible

differentia which has a rational nexus with the object it propounds'

.riiiiI

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i

es-alreadystated.,EunuchsareonlyclassofPersonswhofallundetthe

category of'Transgenders' The term "Eunuch" is nowhere defined under the

KarnatakaPoliceAcl,\963.Tlre4u'Ed.itionofP.RamanathaAiyar,s,,,The

MajorLawLexicon,,.TheEncyclopaedicLawDictionarywitlrlegalMaxims,

Latin Terms and Words & Phrases,,, defines the term,,Iiunuch,, aS ,,in males,

thefailureatpubertytodevelopsecondarysexcharacteristicsbecauseof

removalord'isord.erofthetesticles,,and,,Eunoch,,dsacastratedmaleofthe

humanspecies.Incomrnonparlancealso,tlreterm,,EunlJch,,,isunderstood

aSsomeonewhohasundergonecastration.I{owever,eventhosernernbersof

thetransgendercommunitywholraven,tund'ergonecastrationstillhave

psycho-socialcharacteristics,similartotlratofEunuchs.Ali.rrostallrnembers

oftheTransgendelcommunity,includ.ingEunuchs,slrareacommontrait,

namely,thelackofalignmentoftheiiperceivedgenderidentitywiththeir

anatomicalcharacteristics.Therefore,onecduldhaveappreciatectan

intelligible d.ifferentia if the entire transgencler community formed the subject

matterofaclassification,aswasthebasisfortheirnominationintothe

categor;rofbackwardclassesandforspecialwelfareschemes'However'

,rral, ,nu impugned S-ection 36A' .nly Eunuchs' i'e'' persons who have

transgenders without anY

,.rd"rgo.,e castration are and not other types of

basis.

rffends the verY basis ofIn fact, Section 36A is a bill of attainder and therefore c

Article14.Abillofattainderisalegislativeactthatsinglesoutoneormore

Personsandimposespunishmento,.,tn..,withoutbenefitofajudicialtriai.llr, ah" present case, section 35A singles out Eunuchs and allows the

CommissionerofPolicetoimposefettersontheirlivesandactivities,onthe

basis of mere suspicion and w;rthout the benefit of a judiciar trial

q1 l?or evidence.

The dominant basis for such punitive measures, is not the conduct or priorhistory of crimb, but gender identity and castration (as seen from the power

n In the case of Llnited states,. 8ro70n,381 u.s. 437, wherein the constitutionalvalidity pf section 504 of the Labour Management and Repor,*, o",, ,ru,which crirninalised a mernber of a cor.munist organisation holding a unionoffice' was an issue, the American supreme Court held that designation ofcommunist party membership as opposed to specifying characteristics thatrender men likely to incite political strikes was ulra aires the constitution.Even in the instant case, it is not general characteristics that rend.er peoplelikely to indulge in offences against cl'rildren that are specified under section364, but rathgr,, what is specified is membership of the transgendercommunity itself' f herefore, section 36.4 is nothing but a biu of attainder inits substance.

k) The caution against Bill 0f Attainders in the context of Article t4 0fthe IndianConstitution, was given by the Hon,bie supreme Court of India in Ram prasad

ts' state of Bihar, reported in AIR 1953 sc 215, the rerevant portion of which isreproduced below:

"""" .Legisration based upon rnismanagement or othermisconduct, as the differentia and made appiicabre to a specifiedindividual or corporate body, is not far removed from the notoriousparliamentary procedure formerry employed in Britain of punishingindividual derinquents by passfng of Bi[ of A.ttainder, and shourd not,I think, receive judicial encouragement. .. . ...It is ir,npossibleto conceive'of a worse form of discrimination than the o4e which

,l\ '

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W*

elDand LlCits

1)Intheinstantcase,itisonlyEunuchsasoPPosedtoanyotherPerson

suspected' of kidnapPing, unnatural offences, etc., who are made vulnerable

o.d.rl section 364, for'rnonitoring and regulation' It is only Eunuchs' as

opposedtoanyotherPersonactingsuspiciously,whocanbecontrolled,

virtuallytoanyextent,ascan'beseenfromsubsections(c)and(d)ofSection

36A,bytheCommissionerofPolice.Thedisabilitiesandpenalconsequences

envisaged'underSection36Aarebeingvisited'onlyupon.u":,,"n'andno

oneelseand.thattoo,withoutanybasisan|witnoutthebenefitofanytrial.

Conse.quently, even on this ground, the impugpPd provision-is liable to be

struck down'

lligible differentia and the

m) Even if one'were to assurne the existence of an inte

existenceofalawfulobjectinSection36A,stillthere.isnorationalnexus

betweenthetwo.Iftheobjectistoq}aintainpublicorderorsomethingaS

vasue as moralit/' then regardless of send* tj ..'-'..j:1 :*ton

who

-^'ciott of indulging in offences such as kidnapping' ernasculation

arouses suspl ,r-^..rr finrl his -ister to be

ofboysandurrnaturaloffences,shouldfindhisd.etailsinthereg:

maintained under Section 36A (a) of the KPA. Consequently, the classification

ofEunuchsalone,hasnorationalnexuswiththeoblectsougtrttobeachieved

bY Section 36A'

the Constitution of India' fot

16.Theimpugnedprovisionviolate.Articlex5(1)oftheL-o115ftt.ur,"^.-

#

the following reasons:

kt

b.

wA bare reading of section 36A G) begs thc question as to why Eunuchs are

being singled out for special monitoring and regulation. If the intention is

to prevent, control or supress undesirable activities or to discourage

kidnapping of boys and their forceful ernasculation, then all those persons

who are suspected or have a prior bu.kgror.rd in such offences should

find their details in the register to be maintained as per the orders of the

Commissioner of Police and not cunuchs alone.

If the Eunuchs were not belonging to the legitirnate third gender, they

wouldn't be faclng the threat of action under section 364. \Alhen gender as

opposed to actions and conduct,,forms the foundation ,for a provision

\^/hich is negatively discrirninatory, it is a violation Article 15 (1) of tl-re

indian Constitution.

Under Article 20 (2) of the Constitution of India, no person may be

prosecuted .or punished for the same offense twice. Consequently, a

person not being a transgender, if convicted of a crime will serve his

sentence, pursuant to which he is free to live his life without any

restrictions on his life and liberty. on the other hand, a Eunuch in a.

similar position will most likely to invite the '.'reasonable suspicions,, of

the Jurisdictional Commissioner of Police and find himsetf subject to the

Commissioner's authority and control over his liberty even after serving

sentence for his offence. Even on this ground, the impugned provision is

discriminatory and against Articles 15 (1) and 20 if the Constitution.

d' In view of the judgement in the Transgerrler rights case, Eunuchs and the

Transgender colTununity in general are now recognised as transgend.er/a

third gender.' In the result, they enjoy the safeguards against

j'

E"

&7L's

d.iscriminationonthebasisofsexwhichisprovid'edtrnderArticle15(1')of

ih. conttitution' Any person not beine a 'Eunuc^

tT;:r"":":;-:;

of the Commissioner of Police's power to regulate activrtre".".:::r:"

-- :x 1^ic ""^tt1trctlintites reasonable suspicions of being

36A of the KPA' even if his conduc

involved in kid'napPing' ernasculation of boys' untratural offenses' etc'

F{owever,,Eunuchsenjoynosuclrimmuniiyand'canfindthemselves

leadingalifebereftofliberty,iftheymerelyilrvitethereasonable

suspicions of the commissioner :t

u'*" :1l::" r,::#:i:,:::

(d) of the KPA' Conseque4tly;' the impugned provl

(1) of the Constitution'

Ril5hts fudgement cited

e. The Hon ble Supreme Court in the Transgender

SuPrahasobservedthatArticlesl5(2)to(4)andArticle16(4)readwiththe

DirectivePrinciplesofstatePolicyand.variousinternationalinstruments

towhichlnclianisaparty,callforsocialequality,wlrichtheTransgender

community could' rea|ize,only if facilities and opportunities are extended

to them so that they can also live with dignity and equal stahls with other

genders.Ho.ulever,farfrornaffordingthem.facilitiesandopportunities,.

theyarebeingplacedinanextremelyvulnerablepositionwhereonthe

basisofmerereasonablesuspicion,theyarelikelytofindthemselvesina

registermeantforcriminals'Evenol.Ithisground'theimpugned

ptovisionisliabletobestruckdownongroundsofviolatingArticle15(1)

of the Constitution'

sions of Article 19 (L) (a) and

lT..l.heimpugnedprovisionisinviolationoftheprovisionsotArllUlEr,

(g) of the Constitution of Ind'ia for the following reasohs'

fl

73@a.

:n the ,Transgender Rights iudgenrcnt, the Hon'ble supreme Court, while

:

. recognising thg right.of expressing gend.er identity as a fundarnental right

' under Article 19 (1) (a) of the Constitutiory specifically direcred, in the

operative portion thereiry that Centre and State Governments should

seriously address the problems being faccd by Hijras/Transgenders such

as fear, shame, gender dysphoria, sociar pressure, depression, suicidal

tendencies, social stigrna, etc.

b. Flowever, section 364 of the KpA, comes into play, ohiy if a person

exPresses himself in a manner that is characteristic of a Eunuch, who now

belongs to the legally recognised thircl gender. The vulnerability of

fincling one's name in a register meant for persons suspected of serious

offenses, arises only upon embracing ancl expressing a gender identity,

legally recognised as a legitimate third gender. Consequently, Section 364

of the KPA, is nothing but an act of discouraging Eunuchs and the

transgender conlmunity in general from expressing their gender identity

for fear of being exposed to monitoring. by the police. Therefore, section

364, is an impediment to the exercise of rights under Article 19 (1) (a) of

the Constitution.

In addition, under Article 19 (1). (s) of the Constitution, every person has

the right to freedom of tracle and profession. If, however, Eunuchs find

their narnes in a register fneant for persons suspected of being involved in

kidnapping and. other offqnsss, without the benefit of a evidentiary trial,

their employment prospects will be irreversibly compromised.

Consequently, section 364 is a violation. of Article 19 (j.) (g) of the l,

Constitution.

i

l

#

1g. The impugned provision is a violation of the rights of Eunuchs envisaged under

Article 21 of the Constitution of India' for the following reasons:

a.Article2aoftheConstitutionprohibi.::'u"n,,"ationofaPefsonsright

to life and libertv except in accord'a*" *":::"ff::" "r'"t:ti:"::

qu6 *\

:::";::i:lT:';"-';" so established sho,rcl be rair and non-

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arbitrarY'

It is now well establishecl that the right': ':*--:

rs al inherent patt of

the right to life under Article 21' In the "'":*^:; -:J':"-:

Hon bie supreme Court directed that any *to:t::

transgendef cornrnunity to declare their gend,.e: ,:]"',, would be illega'.

In the instant case' Section 36A by focusing specifically on Eunuc

withinthetransgendercomrnunitY'hasgoneonestepfurtherbYgiving

PowelstotheCommissionerofPolicetointrudeintotheirprivacyto

ascertain whether or not a member of the transgender community has

undergonecastfationolnot.ThispoweroftheCommissionelofPolice

can be invoked' on the basis of rnere suspicion'

c. section 36A of the KPA inherentlv '"*:::'-i:::::i"';

having sorne kind predisposition towards cru

other explanation for rnaintaining regist€rs bv the police only for eunuchs

and not for any other category of persons' The notion of every Person

being innocent until pro.ien guilty is ttre most sacred tenet of criminal law

andthefoundationoftherighttodignityenvisagedunderArticle2Tof

the Constitution of India'

'1

@,:15

d. As can be seen from a perusal of the report of the United Nations

.Developrnent Program, referred to supra, due to the feat of. social stigrna

and discrirnination and the general apathy with which they are treated',o

members of the transgender community including Eunuchs, grapple with

rnental heaith issues ranging from depression to suicidal tendencies' The

impugned provision, by giving Power to the Comrnissioner of Police tq

subject them to monitoring and control, on the basis of mere suspicion and

without the benefit of a evidentiary trial, is a violation of the right to

health under Article 21 of the Constitution'

e. In ad.dition, the sweeping Powcrs given to the.Cornrnissioner of Police

und.er Section 36A (c) of KPA, is a threat to the right to liberty and the

right to travel freely also envisagecl under Article 21, of the Constitution'

19. The impugned provision of law is contrary to the Transgender Rights judgement

;es the members of the transgencler community as transgendet/a'

third gender who are fully entitled to the use, enioyment and exercise of

fundamental rights urrder the constitution of India. Despite a clear direction

frorn the Hon'ble Suprerne Court to the Union Governrnent and the States

Governments including the 1't ResPondent, to take measules to give effect to the

recognition of gender identity of Transgenders as legitimate and afford them all

opportunities to exercise their rights, the 1't ResPondent has not repealed section

36A of the KPA.

GROUNDS FOR INTERIM PRAYER

of the arbitrary powers conferred on the Commissioner of Police under Section ,{,

the Karnataka Police Act, eunuchi; are likely to be put to great difficulty and they

Lu.r" to live under constant fear of action against them by the police for the only

5€ iirssary to stay the oPeration

of their gender id'entity' Therefore' it is iust and nece

luitY and:r^^^^^1 ^f +his Wfft I'euuurr'' I

saidprovisionpendingd.isposalofthisWritPetition,intheinterestofe<

PRAYER

REFoRE,thePetitionerPraysthatthisHonbleCoutt'maybqpleasedtoissuea

ofMandamus,certiorari,oralyotherwritoradirectioninthenatureofthewrit

DeclareSection364oftheKarnatakaPoliceAct,\g6sasultraairesArticles

74,15,19 and 21 of the Constitution of India and

Passsuchotherord.er(s)asmaybeseenfitinthefactsandcircumstance

ofthecaseintheinterestofjustice.andequity.

INTERIM PRAYER

'r r I rt be Pleased to staY the

EFORE, the Petitioner prays that this Hon'ble Cou

.on of the Provrsro

this Writ Petition' in the interest of equity and iustice'

ADVOCATE FOR THE PETITIONER

.r)

(ii)

t,

E

ALORE

'""'ppelYr urd/6lYn*'

a?IN THE }ION'BLE HIGH COURT OF KARNATAKA

AT BANGALORE

w.P... ...........r70wao(BETI^/EEN

THE KARNATAKA SEXUALMINORITIES FORUM

AND

THE STATE OF KARNATAKA & ORS. RESPONDENTS

VERIFYING AFFIDAVIT

I, Manjula , D / o.Anjanapp a, aged about 27 yeats, having my ordinary place of business#1, "Marrd.ara", Ground Iloor, Sweet Water Well iload, RMV 2^d Stage,Nagashettyhalli, Bangalore -360 Og4,

1. I am the Presider-rt of the Petitioner society andcase and duly authofized. and competent toaffidavit.

PETITIONER

conversant with the facts of the

swear to the contents of tl Lis

2. I state that all that is stated in paragraphs o\ to 11petition is true-and cerrect.

in the accompanying writ

3. All that is stated above is true and correct and. I state that this issignafure. o

my name a,l

:BiANGALORE

i01 -ol -?orf

\/OCATE

IDENTIFIED BY ME

Qee@ffi

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