Judgment involving Transgender persons given by the Kerala High Court challenged

Judgment involving Transgender persons given by the Kerala High Court challenged

Kerala High Court moved by the Central Government and the National Cadet Corps when a single-judge verdict concerning the entry of a transgender person into the NCC despite her self-perceived gender identity challenged. The Centre and the NCC opined that transgender persons could not fit under the female category considering the distinct physical and psychological features. 

As per Justice Anu Sivaraman, a single judge bench heard the matter based on the petition filed before the High Court by Hina Haneefa. Justice Anu Sivaraman stated that Hina Haneefa, the transwoman, should be enrolled in the girls’ wing of the National Cadet Corps. This verdict challenged by the Centre, followed by the contention that NCC primarily deals with training the cadets with the armed forces, and it was not a standardized education institution.

In light of the Supreme Courts’ judgment regarding the NALSA matter, the Division Bench of the Kerala High Court stood along with the verdict delivered by Justice Anu Sivaraman concerning the accommodation of Haneefa under the girl’s category, since the Government failed to provide clarity over such an issue. With this, the appeal filed by the Centre and by the intervenor heard jointly.

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.