On March 15, the Kerala High Court ruled that transgender persons are permitted to join the National Cadet Corps (NCC), in keeping with gender identity. The ruling came following a petition by transgender woman Hina Haneefa challenging Section 6 of the NCC Act, 1948, which states that only males or females could enlist themselves.
Given the current enrolment process, Haneefa was forced to apply as a female cadet since the NCC does not provide an option for the third gender. Moreover, the provisions of the NCC Act ruled out the rights of transgender persons according to the Transgender Persons (Protection of Rights) Act, 2019, that recognises their right to live with dignity without discrimination.
“Transgender person has a right to be recognised not only as a transgender but also a right to self-perceived self-identity,” said Justice Anu Sivaraman, who pronounced the ruling. As per the verdict, the NCC cannot defend their reason behind rejecting Haneefa’s application on the basis of the identity card she has obtained. Justice Sivaraman said, “Petitioner is entitled to enrolment in the NCC Senior Girls Division and rejection of the request of the petitioner for such enrolment is completely unsustainable.”
As per the verdict, the Court has mandated that Haneefa be allowed to participate in the selection process as per her previously-submitted application. The Court also decreed that within six months, the criteria for enrolment under Section 6 should be amended to make provisions for the third gender.
*Image for representational purposes only