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High court of Kerala
KOCHI: Ordering for allowing a transgender to join National Cadet Corps (NCC), the high court has directed for amending the law to include transgenders in 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 NCC Act does not recognize the third gender or that detailed guidelines are to be introduced for the integration of persons of third gender into NCC cannot be a justification for denying entry for the petitioner.
Ruling that denial of enrolment to NCC is unsustainable, the court said the petitioner is entitled to participate in the selection process and to be enrolled in NCC if she is successful.
Highlights
Justice Anu Sivaraman gave the order after receiving a plea from a transwoman
The court also asked for the enrollment criteria to be changed
Kochi: In a landmark judgment, the Kerala High Court allowed a transwoman to enroll in the National Cadet Corps (NCC) on the basis of self-identified gender.
Justice Anu Sivaraman gave the order after receiving a plea from a transwoman, challenging a Section of the National Cadet Corps Act, 1948, which excludes the transgender community from enrollment with the NCC.
In its order, the court said the petitioner is entitled to enrollment in the NCC senior girls division and the denial of the request of the petitioner for such enrollment is completely unsustainable. Observing that the Transgender Persons (Protection of Rights) Act 2019 recognises the right of transgender persons to a life of dignity, the Court said the provisions of the NCC Act cannot prelude its operation.
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