A judge in Kerala’s High Court on February 29 upheld a judge’s decision that made it legal for a transgender woman to join the youth division of the Indian Armed Forces as a female.
The High Court overturned a portion of the ruling that required the federal government to alter the NCC Act to permit transgender people to engage based on their gender identity.
According to Justice Anu Sivaraman, “when the applicant has been given the personality of a woman, she is certainly entitled to be enrolled in the NCC under part 6 (2) of the NCC Act.” In light of the Transgender Persons (Protection of Rights) Act’s provisions and the Apex Court’s (NALSA) dictum, respectively.
The judge expressed hope that the Indian government would alter the NCC Act to formally permit the entry of trans candidates to the NCC, but that the court could not order the government to do so.
The High Court of Kerala ruled that the lack of recognition for the third gender in the National Cadet Corps Act may serve as a justification for denying entry to a transgender person.
Hina Haneefa had filed a complaint with the High Court challenging Section 6 of the NCC Act, which only made it legal for both men and women to join the trainee regiment.
“In view of the certain provisions of the 2019 act, a transgender person has the right to be recognized not only as trans but even a right to self-perceived sex, i.e., the woman gender,” said Sivaraman. “The rejection of enrollment is untenable. On the basis of her application, the applicant will be able to take part in the selection process. If she is successful, the applicant will be enrolled in the NCC Unit.”
Haneefa is a transgender woman who applied to the NCC after undergoing gender-affirming processes and obtaining her identification card. The NCC denied her application.
Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act of 2019, which extended rights to trans people.
While talking with the Washington Blade, Kalki Subramaniam, an Indian trans activist, artist, actor, and writer, said transgender people in the country have to struggle for participation in all sectors.
“The court directs the state and the central government to take diverse steps, saying, ‘We have to go to the court, we have to struggle with the application. Again and again, repetitive,'” said Subramaniam. “Why should trans people have to fight for everything? Because they just released Equal Opportunity Policy for Transgender Persons, I am certain that the central government is working toward justice and inclusion. The state will take into account this when NCC includes trans individuals. I’m aiming for the participation of trans people in the Indian military. That could be a long-term strategy, but it is probable and ultimately rests in the government’s hands.”
Subramaniam firmly believes that all Indian citizens, including transgender people, deserve the chance to serve the nation. She emphasized the potential contributions of transgender people to the defense and civil service as areas where they could be included. Subramaniam expressed her trust in the Indian central government’s eagerness to address this issue and expressed hope for further action.
Souvik Saha, a transgender activist and founder of Citizens for Change, one of India’s top advocacy organizations, said he supports the Kerala High Court decision.
“This decision is a major step toward equality and recognizing the rights of transgender people to fully participate in all aspects of society,” Saha said. The NCC Act now only permits the membership of male and female trainees, which is biased against transgender people and reinforces dangerous binary gender stereotypes. The Kerala High Court recognizes the need for legal changes and equal opportunities for all by ordering the central government to amend the NCC Act to support trans people.
Saha claimed that the decision will set a precedent for other institutions and businesses to recognize and welcome trans people. Additionally, he added that it sends a clear message that transgender people have the right to equal opportunities and access to resources and that discrimination based on gender identity is unacceptable.
“Moreover, allowing transgender individuals to enroll in the NCC provides them with valuable opportunities for personal development, leadership training, and civic engagement,” he said. “By participating in programs like the NCC, transgender individuals can gain skills, confidence, and a sense of belonging, which are essential for their overall well-being and success.”
Overall, he argued that the Kerala High Court’s decision to let a transgender woman join the NCC was a significant victory for LGBTQ+ rights and a necessary step toward creating a more diverse and equitable society. The central government must amend the NCC Act immediately to prevent transgender people from being excluded or subject to discrimination based on their gender identity.
Ankush Kumar is a reporter from India who has covered a lot of stories for the Washington and Los Angeles Blades. He most recently wrote for The Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on Twitter at
