Kerala High Court dismisses plea of transgender candidate seeking enrolment in NCC, urges Centre to take policy action

However, the court remarked, “Ideally, students belonging to transgender should also get equal opportunity to get NCC training.”

It noted that NCC follows a gender specific enrolment since the training involves close contact, physical exercises/games, long and short camps, where the gender of the cadet is an important aspect for their overall ‘well-being and safety’.

A 22-year-old transgender candidate applied for enrolment in 30(K)Bn National Cadet Corps Calicut. However, his candidature was cancelled solely due to his ‘transgender’ status, despite meeting all the eligibility criteria.

The petitioner’s counsel, Dhanuja M S, argued that the rejection of candidature based on gender identity violated the fundamental rights of the candidate guaranteed under Articles 14, 15, 19, and 21 of the constitution of India.

However, it was contended by the state that there is a provision to enrol boys and girls cadets only as per the existing policy.

Justice Nagaresh noted that Section 6 of the National Cadet Corps Act, 1948 provides only for the enrolment of ‘students of the male sex’ and ‘students of the female sex’ with no provisions for transgender persons.

While directing a copy of judgment to be forwarded to the Ministry of Defence and the Ministry of Law and Justice to consider the issue and take necessary actions, the court said, “formation of NCC Transgender Division would require a minimum/sufficient number of Transgender students to form a separate Division. Those are matters of policy that require sufficient studies, which is the function of the Executive. Implementation of Transgender Divisions in NCC would require legislative intervention also.”