In a landmark judgment, the Kerala High Court allowed a transwoman to enroll in the National Cadet Corps (NCC) based on self-identified gender.
Justice Anu Sivaraman gave the order after receiving a plea from a transwoman, challenging a Section of the National Cadet Corps Act, 1948, which excludes the transgender community from enrollment with the NCC.
In its order, the court said the petitioner is entitled to enrollment in the NCC senior girls division and the denial of the request of the petitioner for such enrollment is completely unsustainable. Observing that the ‘Transgender Persons (Protection of Rights) Act 2019’ recognizes the right of transgender persons to a life of dignity, the Court said the provisions of the NCC Act cannot preclude its operation.
The court said in view of the specific provisions of the 2019 Act, a transgender person has the right to be recognized not only as a transgender but also a right to self-perceived gender identity In November last year, the court had observed that a person cannot be denied legitimate rights merely because he/she is transgender.