The Kerala High Court has held that transgender students cannot be enrolled in any National Cadet Corps divisions because the existing National Cadet Corps Act, 1948, does not recognise their inclusion under the present legal framework.
The Kerala High Court ruled that transgender individuals are not eligible to enroll in the National Cadet Corps (NCC) under the current National Cadet Corps Act of 1948.
Justice N. Nagaresh dismissed a transman’s request to join the NCC, noting that the existing law only recognizes ‘male’ and ‘female’ candidates, with no provision for transgender individuals.
The Court stated,
“There is no comparable provision for Transgenders in the National Cadet Corps Act, 1948. Therefore, under the Act, 1948, a Transgender student cannot be enrolled in NCC Divisions,”
The judge acknowledged that, ideally, transgender individuals should have the opportunity to participate in the NCC, but emphasized that legislative and executive measures are necessary before this can occur.
He noted,
“The National Cadet Corps Act, 1948 as it stands now, does not contemplate an NCC Division for Transgenders. Ideally, students belonging to Transgender should also get equal opportunity to get NCC training. But formation of NCC Transgender Division would require minimum / sufficient number of Transgender students to form separate Division. Those are matters of policy which require sufficient studies, which is the function of the Executive. Implementation of Transgender Divisions in NCC would require legislative intervention also.”
The Court also recognized a rationale for the existing gender-based enrollment in the NCC, stating that treating cadets differently according to gender is justifiable given the nature of the training.
The Court reasoned,
“The Scheme of NCC training contemplates Cadets to stay in field conditions in tentage and confined accommodations. The training includes close contact physical exercises/games and long and short camps. By the very nature of the syllabi of training, the authorities are bound to take measures for the well-being of the Cadets belonging to different genders,”
In conclusion, the Court held that differentiation among NCC cadets based on gender is neither unconstitutional nor arbitrary.
The Court affirmed,
“It has to be held that there is intelligible differentia in the matter of providing differential treatment in NCC for persons belonging to different genders,”
This ruling was made while dismissing a petition from a 22-year-old transgender student who sought enrollment in the 30(K) Battalion of the NCC under the Calicut Group. The individual was informed during the interview process that his gender identity disqualified him from joining the NCC, prompting him to challenge the decision in court.
It is noteworthy that in a separate case, the High Court had previously allowed a transwoman to enroll in the NCC as a female cadet. In March 2024, a Division Bench supported this single-judge ruling, stating it could not compel the Central government to amend the NCC Act to explicitly include transgender candidates, yet expressed optimism that an amendment would be considered soon.
Advocate Dhanuja MS represented the petitioner, while Senior Panel Counsel Dayasindhu Shreehari NS acted for the Central government, and Government Pleader Dheeraj AS represented the State.
While the plea was dismissed, the Court instructed that a copy of the judgment be sent to the Secretaries of the Union Ministry of Defence and the Union Ministry of Law and Justice for consideration of potential policy changes.
The Court found that incorporating transgender cadets into the NCC would necessitate policy reform following comprehensive research, contingent upon a sufficient number of transgender students to establish a separate division.
Case Title: Janvin Cleetus v Union of India & ors
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