Admitting Transgender person to National Cadet Corps: Kerala High Court

Admitting Transgender person to National Cadet Corps: Kerala High Court

A Transgender person following her self-perceived gender identity is permitted to enroll with the National Cadet Corps (NCC) as per the Kerala High Court. The petitioner, Hina Haneefa, a transwoman, challenged section 6 of the NCC Act, 1948 that questioned the gender-specific criteria for enrolling with the NCC.

The NCC did not have a third gender bracket, due to which the petitioner, Hina Haneefa, applied under the female category while enrolling for the NCC. Further, the court viewed that as per the Transgender Persons (Protection of Rights) Act, 2019, the NCC could not rule out the provisions of a transgender person and the act designed to protect the rights and prevent discrimination against the transgender person.

Justice Anu Sivaraman delivered the judgement and opined that the petitioner is entitled to enroll with the NCC under the Senior Girls Division. Also, rejecting her request would be unsustainable, added by J Sivaraman. 

We should note that the petition filed by Hina Haneefa through Advocates Raghul Sudheesh, CR Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj disputed the non-inclusion of the petitioner from the NCC as arbitrary. According to the petitioner, including transgender persons is a step towards eradicating rampant marginalization and discrimination faced by such people. 

The other side of the matter states that it is the NCCs choice when it comes down to including the Transgenders.  The court slashed the argument put forward by the NCC counsel and expressed that the judgement given by the apex court can’t be disobeyed and is binding.

Case: Hina Haneefa v. The State of Kerala.

Mihir Popat
I am a 2nd-year student of Jindal Global Law School, O.P. Jindal Global University. I stand by the concept of Kobayashi Maru that is winning a non-win situation by rewriting the rules. As a first-generation lawyer, my goal is to make never-ending contributions to the legal fraternity through my knowledge of the Law gained through hard work and perseverance.