KERALA HC ALLOWS TRANSGENDER TO ENROLL IN NCC

15th March 2021

Recently, A transwoman (Nina Haneefa) filed a petition challenging Section 6 of the National Cadet Corps Act, 1948 that only allows “male” and “females” to enrol in NCC.

Justice Anu Shivaraman, while allowing the plea ruled that a Transgender person is entitled to admit to the NCC in accordance with her self-perceived gender identity. The transgender Persons Act recognizes a transgender person's rights to life and dignity and prohibiting discrimination against them. Therefore, the NCC Act cannot preclude the operation of the transgender Act. The Kerala HC held that the petitioner should be enrolled in NCC senior girls division, and if she succeeds in the selection process, she should be enrolled in NCC.

The Court further rejected NCC's justification that it does not recognize the third gender and needs to draft detailed guidelines regarding the integration of trans people. And also directed to amend Se 6 of the Act within the next six months.

Author: Papiha Ghoshal

New India Express