Kerala high court allows transgender person to enroll as a female cadet in National Cadet Corps (NCC)
Last Updated on March 5, 2024 by News Desk
Recently, the Kerala high court upheld the decision of a single-judge bench to allow a transgender person to enroll as a female cadet in the National Cadet Corps (NCC) noting that the person has been given the identity of a female which makes her entitled to be enrolled as a female cadet.
“When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under Section 6(2) of the (NCC) Act; in the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in NALSA”, the bench held
A division bench of Justices Amit Rawal and CS Sudha, also set aside the part of the single judge’s order directing the central government to amend its enrollment criteria under Section 6 of the NCC Act and to include entry of transgenders. The bench contended that it cannot order the centre to amend the law but is hopeful and confident that the government would take steps regarding this.
It said, “We are hopeful and confident that the Central government would rise to the occasion in the light of the dictum of the Apex Court in NALSA and the provisions of the Transgenders Act and take steps expeditiously to include the third gender also within the scope of Section 6 of the Act,”
The court was hearing an appeal filed by the central government and NCC challenging the single judge’s decision to allow the enrolment of Hina Haneefa, a transwoman as a female cadet in NCC. It contended that as per section 6 of the NCC Act which provides enrolment of only males and females, haneefa cannot be enrolled as a female cadet. Further, It was also contended that the Court could not issue a mandamus directing the Central government to amend Section 6 of the NCC Act as it is a policy decision.
However, the high court noted that the identity card issued to Haneefa by the Social Justice Department showed her gender as ‘female’. It further observed that Section 6(2) of the NCC Act says that any student of the female sex of any university or school may offer herself for enrolment in the girl’s division. therefore Haneefa is also entitled to be enrolled in the NCC as a female cadet.
Thus, the court partly allowed the appeal. The order stated, “The relief granted to the petitioner permitting her to participate in the selection process on the basis of her application as a student belonging to the female gender and in the event of her succeeding in the selection process, to be enrolled in the NCC unit of the fourth respondent college is confirmed. The relief of mandamus issued directing respondents 4 to 7 to amend the enrolment criteria prescribed in Section 6 of the Act to include transgenders, is set aside.”
Written by Shagun Behal
