On Monday,Kerala High Court granted a transgender woman to get enrolled into the National Cadet Corps, the youth wing of the Indian armed forces, stating the fact that the NCC act does not identify the third gender cannot be a sensible reason to reject entry to a trans person. This comes days after Hina Haneefa had filed a petition claiming a section of the NCC code that only permitted males and females to join with the cadet corps.
The single bench of Justice Anu Sivaraman said the Transgender Persons (Protection of Rights) Act, 2019, identifies a transgender person’s potential to self-perceived gender identity. “In view of the specific provisions of the 2019 act, a transgender person has the right to be recognized not only as a transgender but also a right to self-perceived gender, i.e. the female gender. The denial of enrolment is unsustainable. The petitioner will be entitled to participate in the selection process on the basis of her application. If she is successful, the petitioner will be enrolled in NCC Unit,” Sivaraman continued.
The court also ordered the NCC to alter its enrolment criteria and let the provision to add transgender persons as qualified for seeking admission in the cadet corps. Fundamental modifications to the enrolment criteria must be executed within six months, the court said.