The Centre informed the Kerala High Court Thursday that transgender persons cannot be allowed into the National Cadet Corps (NCC) as there is no provision for the same. The HC took exception to the stand and underlined that it goes contrary to the state’s Transgender Policy and applicable statutes.
“Prima facie, I cannot accede to the afore submission of the learned Central Government Counsel without further enquiry into the matter since, going by the transgender policy, as also the applicable Statutes, a person cannot be denied legitimate rights merely because he/she is a transgender, particularly when such person has assigned to himself/herself a particular gender,” the single-judge bench of Justice Devan Ramachandran noted.
The bench was hearing a writ petition filed by Hina Haneefa, a transwoman student at the University College in Thiruvananthapuram who opposed her exclusion from the NCC unit at the college on the basis of her gender. She challenged section 6 of the National Cadet Corps Act, 1948 which only allows either ‘male’ or ‘female’ cadets.
The HC asked the Centre’s counsel to submit written statements on the NCC’s stance at the next hearing of the case and also ordered that a seat be kept vacant in the NCC unit at the University College before the enrolment date. The matter was adjourned for 14 days.
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