Kerala HC adjourns plea against exclusion of trans people from NCC enrollment
Jan 08, 2021
Kochi (Kerala) [India], January 8 : The Kerala High Court on Friday adjourned the matter of a transwoman's plea against the exclusion of transgender persons from National Cadet Corps (NCC) enrollment.
The matter was adjourned for NCC's additional affidavit and the interim order directing the setting apart of a vacant seat to continue.
Justice Anu Sivaraman today heard the matter. Central government counsel told the court, "We have received a reply affidavit from the petitioner. We want to file an additional affidavit."
The petitioner alleged that "this Court had explored the possibility of the petitioner being included as a female or as a transgender for enrolment. She has a right to self-perceived gender identity as per the NALSA judgment as well as the 2019 Act."
The petition was filed by Hina Haneefa, a trans woman and a student of Thiruvananthapuram University College, who challenged Section 6 of the NCC Act which allows only males and females to enroll with the Corps.
Filed through advocates Raghul Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj, the plea says that the petitioner is desirous of joining the NCC, stating that she had been a member of the corps earlier as well.
When she applied for this year's enrollment process, she was informed that she could not apply as a transgender person. In spite of repeated requests, her representations were not acted upon, the petition stated.
The NCC had informed the Kerala High Court in December that, "the divisions created in NCC were only for boys and girl cadets and not for transgender persons in NCC as per existing policy. It was the prerogative of the Centre government to constitute a new division for the transgender."
The submission was given by Lt Col Prem Chand Jha, Officer Commanding, Kerala Battalion NCC, Thiruvananthapuram.
