Kerala HC allows transgender woman to join NCC

Kerala HC allows transgender woman to join NCC

TIMES NEWS NETWORK

Kochi:16.03.2021 

The Kerala high court has ordered that a transgender person be allowed to join the National Cadet Corps and has also directed that the law be amended to include transgenders in the NCC.

Justice Anu Sivaraman issued the directive after considering a petition filed by Hina Haneefa, a student of University College in Thiruvananthapuram. The court said the fact that the NCC Act does not recognise the third gender or that detailed guidelines are yet to be introduced for the integration of persons of the third gender into the NCC cannot be justification to deny the petitioner entry.

Ruling that denial of enrolment in the NCC in this case is unsustainable, the court said the petitioner is entitled to participate in the selection process and to be enrolled if successful.

It was pointed out by the court that the Transgender Persons (Protection of Rights) Act, 2019 recognises the right of transgenders to a life of dignity and prohibits discrimination against them. Provisions of the NCC Act cannot preclude the operation of the law on transgender rights, the court said.

The court also said the enactment on transgender rights was one intended to give effect to the rights guaranteed to such persons under Articles 14, 15, 19 and 21 of the Constitution and that it has to be kept in mind when considering cases of this nature. A transgender has not only the right to be recognised as a transgender but also the right to self-perceived gender identity as per the law, the court noted.

Section 6 of NCC Act, which allows only males and females to enrol themselves in the NCC, was challenged by the petitioner. The NCC had contended that there was no provision in law to allow the entry of transgenders.

IN RIGHT DIRECTION