[BREAKING] Kerala High Court allows admission of transgender person to National Cadet Corps on the basis of self-perceived gender identity

The Kerala High Court on Monday ruled that a Transgender person is entitled to be admitted to National Cadet Corps (NCC) in accordance with her self-perceived gender identity [Hina Haneefa @Muhammed Ashif Alin v. State of Kerala]..The judgment was delivered by Justice Anu Sivaraman in a petition moved by a transwoman, Hina Haneefa challenging Section 6 of the National Cadet Corps Act, 1948 that effectively allowed only 'males' or 'females' to enrol as cadets with NCC..Haneefa had applied for entry on the basis of her self-perceived gender, i.e to female category, since the NCC did not have provision for third gender. ."I am of the opinion that the petitioner who had opted for female gender and has undergone sex-reassignment surgery for aiding her self-perception would definitely be entitled to enrolment in NCC unit reckoning her as a transgender and further as a member of her self-perceived gender, i.e female gender," the Court ruled. .It further held that the provisions of the NCC Act cannot preclude the operations of the provisions of Transgender Persons (Protection of Rights) Act, 2019 Act and the situation has to be viewed in the light of 2019 Act which recognises the right of transgender persons to a life with dignity and prohibits discrimination against them. .The fact that the provisions of the NCC Act do not recognise the third gender or that the detailed guidelines are required to be drawn up for integration of the persons of the third gender into the Armed Forces or the NCC cannot be a justification for denying admission to the petitioner to the NCC unit on the basis of the identity card obtained by her, the Court added. ."In the instant case, I am of the opinion that the petitioner is entitled to enrolment in NCC, Senior Girls Division and rejection of her request for the same is unsustainable," the Court held. .The Court has directed that Haneefa be allowed to participate in the selection process on the basis of her application already submitted. The Court has also directed the Centre to amend its enrolment criteria under Section 6 of the NCC Act and to issue guidelines to the entry of transgender persons within six months' time. .Kerala High Court hears transwoman's plea against exclusion of transgender persons from NCC enrollment.During earlier hearings, the High Court had taken exception to the stance taken by the Central government that it cannot admit Transgender persons to National Cadet Corps (NCC) since only males and females are eligible for the same. .Enacting laws is absolutely pointless unless our mindset changes: Kerala High Court on NCC denying admission to Transgender persons.The delay in making requisite changes invited strong observations from Justice Anu Sivaraman who said that the government is duty-bound to comply with the 2014 Supreme Court judgment of NALSA v. Union of India in this regard..In the petition filed through Advocates Raghul Sudheesh, CR Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj, the petitioner had challenged her exclusion from the NCC as arbitrary..In the petition, it was emphasized that the inclusion of sexual minorities such as transgender persons is necessary to address the rampant marginalisation and discrimination faced by them..The petitioner who was assigned male gender at birth had undergone two sex reassignment surgeries and obtained a transgender identity card under the Kerala government's Transgender Policy, 2015..The petitioner, who identified herself as a woman, claimed that she should be admitted to NCC either as third gender (transgender) or as female which was her self-perceived gender identity. .Apart from a declaration from the court that Section 6 of the NCC Act is unconstitutional, the petitioner also urged the Court's intervention to allow her to be part of the enrollment process this year as interim relief..The petitioner, presently a student at University College, Trivandrum had further sought a direction to the NCC to suitably amend their enrollment criteria..The NCC and Central government had opposed the plea stating that the Act contemplates an advisory committee and any changes to NCC have to be deliberated and decided by the committee.“We are not saying that Transgender persons will not be included at any time. We say that only after due deliberations we can include them,” he said..The NCC in its affidavit had also stated that it is empowered to enroll only those students as NCC cadets who meet the eligibility criteria as stipulated in Section 6 of the NCC Act, 1948 i.e. male & female gender only. It said that as per Section 6(2) only a student of female sex of any University or school could offer herself for enrolment as a cadet in the girls’ division.The petitioner in this case exhausted her right to enrol per her self-‘perceived’ gender, that is, as a female because she was enrolled at university as a transgender (female), it was contended. Because she enrolled in her University as a Transgender, she is precluded from applying as a cadet in the girls division, the Centre added..The NCC counsel also maintained that it is the prerogative of the NCC to decide when Transgender persons should be allowed admission.“Yes, we want them to be at the forefront to defeat Bhishmacharya but it is our prerogative at what time we have to make our relevant (unclear)” he said.However, the Bench had disagreed stating that it is not the Centre's prerogative in the light of the judgment of the apex court which is binding and has to be complied with. .[Read Judgment]