The Kerala High Court today heard a petition moved by a transwoman challenging Section 6 of the National Cadet Corps Act, 1948 for NCC enrollment.
The Counsel for the Central Government contended that the petitioner could not challenge the constitutionality of the provision since she had chosen to identify as a woman. She could choose the female option when enrolling, he asserted.
The Petitioner has challenged the provision as unconstitutional since it effectively permits only males and females to enrol as cadets with the corps.
Counsel for the petitioner, Advocate Raghul Sudheesh countered this stating that she was denied NCC enrollment on account of her being a transgender who ‘identified as a woman’.
Filed through Advocates Raghul Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj, the petitioner has challenged her exclusion as arbitrary.
In the petition, it is emphasized that the inclusion of sexual minorities such as transgender persons is necessary to address the rampant marginalisation and discrimination faced by them.
The petitioner, presently a student at the University College, Thiruvananthapuram, underwent two sex reassignment surgeries and obtained a transgender identity card under the Kerala government’s Transgender Policy, 2015.
Apart from a declaration from the Court that Section 6 of the NCC Act is unconstitutional for NCC enrollment.
The petitioner has also urged the Court’s intervention to allow her to be part of the enrollment process this year as interim relief.
The petitioner has further called on the Court to direct the National Cadet Corps to suitably amend their enrolment criteria.
The matter has been listed on November 6. (Hina Haneefa v. State of Kerala)