In a pivotal ruling, the Kerala High Court has made significant strides towards inclusivity and transgender rights by addressing the case of a transwoman’s enrollment in the National Cadet Corps (NCC). This decision marks a crucial development in India’s legal landscape, particularly concerning the rights and recognition of transgender individuals in educational and institutional frameworks.
During the proceedings, the division bench of the Kerala High Court extensively referenced the Transgender Persons (Protection of Rights) Act, 2019. In emphasizing the importance of recognizing gender identity, the court observed,
“the identity card issued to Haneefa by the Social Justice Department showed her gender as ‘female’.”
This acknowledgment underpins the court’s decision, aligning with the Act’s provisions and affirming Haneefa’s entitlement to enroll in the NCC as a female cadet.
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In a statement, the bench comprising Justice Amit Rawal and Justice CS Sudha addressed the broader implications of their ruling, stating,
“In the light of Ext.P3, when the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under Section 6(2) of the Act; in the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in NLSA (Supra).”
Moreover, while the court did not mandate explicit amendments to the National Cadet Corps Act, 1948, they upheld the decision allowing the petitioner, a transgender girl, to participate in the NCC selection process in her college. Expressing optimism in the government’s response, the bench stated,
“We are hopeful and confident that the Central Government would rise to the occasion in the light of the dictum of the Apex Court in National Legal Services Authority (Supra) and the provisions of the Transgenders Act and take steps expeditiously to include the third gender also within the scope of Section 6 of the Act.”
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This landmark verdict, titled National Cadet Corps & Ors. v. Hina Haneefa & Ors., not only champions the cause of transgender rights but also sets a precedent for inclusion and acceptance within societal sectors. The court’s decision reflects a growing awareness and acknowledgment of gender diversity, urging institutions and legislative frameworks to evolve and accommodate changing societal norms and identities.
READ ORDER BELOW (National Cadet Corps & Ors. v. Hina Haneefa & Ors):
