The Central government told the Kerala High Court that there is no provision in law allowing entry of Transgender persons in NCC and Armed Forces and it is the prerogative of the Central government to decide whether or not the same should be allowed.
“It is the prerogative of the Central government to constitute a new division for third gender. Before constituting a new division for the third gender, the central government and authorities will have to conduct a major exercise in terms of reviewing the infrastructure facilities, modules.”
Hina Haneefa, a trans- woman has moved the Kerala High Court through through advocates CR Sudheesh, Raghul Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj,challenging Section 6 of the National Cadet Corps (NCC) Act which allows only males and females to enroll with the Corps. The petition stated that Haneefa is desirous of joining the NCC, stating that she had been a member of the corps earlier as well.
The petitioner is a student at the University College, Thiruvananthapuram, had underwent two sex reassignment surgeries and obtained a transgender identity card under the Kerala government’s Transgender Policy, 2015.
The petitioner has urged the Court’s intervention to allow her to be part of the enrollment process this year as interim relief.
The affidavit stated ,
“It is humbly submitted that the Petitioner exhausted right to self-perceived gender identity by choosing the same as Female and has taken admission under the Transgender category (Female). Hence she now falls under the third gender category i.e. “Transgender”. The petitioner cannot turn around and claim that the Petitioner is to be enrolled as a cadet in the Girls Division enrolmentwhich is open only to female gender.”
The NCC opposed the petitioner’s prayer to admit her as third gender stating that creation of third gender is a policy decision that requires resolution through different hierarchical and inter departmental consultations. It was of the view that, allowing to enroll her with the cadets would allow the petitioner to appear for the Service Selection Board whereas there is no provision existing for entry of transgender (Female/Male) in the Indian Armed Forces.