Kerala High Court Permits Transgender Individuals to Enroll as NCC Cadets

Kochi, March 4 (IANS) – The Kerala High Court upheld a single-judge decision allowing a transgender person to enroll as a female cadet in NCC. The division bench acknowledged the petitioner’s identity as female but set aside the order to amend the NCC Act for transgender enrollment.

The division bench stated, “When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC…in the light of the Transgenders Act and the ruling in NALSA.” However, they cannot mandate the government to change the law, but hope the Centre will amend the NCC Act to include transgender candidates.

The case involved Hina Haneefa, a transwoman who applied for NCC enrollment after gender affirming procedures. Despite having her identity card, she was denied enrollment based on the NCC Act’s ‘males’ or ‘females’ criterion that did not include transgender individuals.

In 2021, a single-judge allowed Haneefa’s petition to participate in the selection process and directed the Centre to amend the NCC Act for transgender inclusion. The government and NCC appealed, arguing Haneefa belonged to the third gender category, not ‘female.’

After examining the provisions, the division bench determined Haneefa, as a female, could enroll under Section 6(2) of the NCC Act. While unable to mandate law amendments, they expressed confidence in the Centre amending the Act to comply with NALSA and Transgenders Act.

The division bench’s decision not only upholds transgender rights but also emphasizes the need for legislative changes to ensure inclusivity and equality within institutions like the NCC. The case sheds light on the ongoing struggle for recognition and representation of transgender individuals in various spheres of society.