Allow transgender to join NCC,

Kerala High Court rules

Transgender will now be allowed to join the National Cadet Corp (NCC), thanks to a landmark judgement by the Kerala High Court.

Hearing a petition filed by Hina Hafeena, Justice Anu Sivaraman ruled today that the Haneefa shall be allowed to apply to join the NCC in the senior girl’s division, based on her perceived gender-identity.

Justice Sivaraman observed that the Transgender Persons (Protection of Rights) Act 2019 recognises the right of transgender persons to a life of dignity, prohibits discrimination against them and the NCC Act cannot override the Transgender Persons (Protection of Rights) Act, 2019.

Justice Sivaraman said in her judgement that Act had been enacted keeping in mind the rights guaranteed under Articles 14, 15, 19 and 21, even to such persons.

“I am of the opinion the petitioner, who has opted for female gender and has undergone two Sex Reassignment Surgery (SRS) for aiding her self-perception as a member of the said gender, will definitely be entitled to enrolment in the NCC Unit reckoning her as a transgender and further as a member of her self-perceived gender, ie female gender,” the judgement said.

The Court further directed the NCC to amend the enrolment criteria prescribed under Section 6 of the NCC Act, to include transgender persons and to provide guidelines for enrolling transgender persons also in the NCC. A six-month deadline has been given to NCC to implement the directions.

Section 6 of the National Cadet Corps Act, allows enrolment of only male and female candidates in the NCC.

Haneefa, a student of University College, Thiruvananthapuram, was denied admission to NCC, as a result she approached the Kerala High Court for relief.

The NCC had submitted to the court that it is the prerogative of the Central Government to establish a new division for the third gender.