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Kerala HC says transpersons entitled to be admitted to NCC: Key points

The court directed the Union government to amend section 6 of the National Cadet Corps Act, 1948, which effectively allowed only “males” or “females” to enrol as cadets with the youth wing of the armed forces
By HT Correspondent | Edited by Sameer
PUBLISHED ON MAR 16, 2021 10:26 AM IST

The Kerala high court on Monday ruled that a transgender person is entitled to be admitted to the National Cadet Corps (NCC). Here is all you need to know about the order:

• It directed the Union government to amend section 6 of the National Cadet Corps Act, 1948, which effectively allowed only “males” or “females” to enrol as cadets with the youth wing of the armed forces.

• The judgment came on a plea by Hina Haneefa, a 23-year-old transgender person, who wanted to join the NCC but was rejected due to her gender.

• Justice Anu Sivaraman ruled that Haneefa was entitled to enrolment in the senior girl’s division of the NCC in accordance with her self-perceived gender identity and that the rejection of her request was unsustainable.

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The court said that the Nalsa judgment of 2014 and the Transgender Persons (Protection of Rights) Act, 2019, overrides the argument of the defence ministry that there were no provisions to enrol transgender persons.

• The Supreme Court in the National Legal Services (Nalsa) judgment declared transgender people as the third gender and affirmed that the fundamental rights granted under the Constitution will be equally applicable to them.

• The Transgender Persons (Protection of Rights) Act recognises their right to a life of dignity and prohibits discrimination.

• In her plea, Haneefa contended that she had joined the NCC at the age of 13 when she was in school. At that time, she was enrolled as a boy cadet.

• Two years back, she had undergone gender affirmation sex transformation surgery. She tried to enrol in the NCC but was denied admission saying it was against the NCC Act.

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