The Kerala High Court on Monday ruled that a Transgender person is entitled to be admitted to National Cadet Corps (NCC) in accordance with her self-perceived gender identity [Hina Haneefa @Muhammed Ashif Alin v. State of Kerala].
Justice Anu Sivaraman delivered this judgement in a petition moved by a transwoman, Hina Haneefa challenging Section 6 of the National Cadet Corps Act, 1948 that effectively allowed only 'males' or 'females' to enrol as cadets with NCC.
Haneefa had applied for entry on the basis of her self-perceived gender, i.e to female category, since the NCC did not have provision for third gender.
"In the instant case, I am of the opinion that the petitioner is entitled to enrolment in NCC, Senior Girls Division and rejection of her request for the same is unsustainable," the Court held. The Court has directed that Haneefa be allowed to participate in the selection process on the basis of her application already submitted. The Court has also directed the Centre to amend its enrolment criteria under Section 6 of the NCC Act and to issue guidelines to the entry of transgender persons within six months' time.