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Transgender person can join the National Cadet Corps, rules Kerala High Court

Mar 15, 2021, 11:10 IST
Business Insider India
Representative image - transgenders participating in the rally announcing the first Transgender Art Festival titled Varnapakitu 2019, At Killipalam in ThiruvananthapuramBCCL
  • The Kerala High Court today broke a barrier as it ruled that a transgender person can join the National Cadet Corps.
  • Hina Haneefa, a 22-year old transwoman, had moved the Kerala High Court for her right to be a part of the NCC.
  • The court said that the enrolment criteria under Section 6 of the National Cadet Corps Act, 1948 which excludes admission of transgender persons to Corps should be amended.
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Hina Haneefa, a transgender who identifies herself as a woman, must be happy today.

The Kerala High Court today broke a barrier as it ruled that a transgender person can join the National Cadet Corps, going beyong the previous rule of being either a male or female person to join the youth wing of the Armed Forces.

Legal news platform Bar & Bench reported that the state’s top court said that the enrolment criteria under Section 6 of the National Cadet Corps Act, 1948 which excludes admission of transgender persons to Corps should be amended.

“Transgender person has a right to be recognised not only as a transgender but also a right to self-perceived self-identity,” said Justice Anu Sivaraman who pronounced the order.

Haneefa, the 22-year old transwoman had moved the Kerala High Court for her right to be a part of the NCC. Haneefa had joined the NCC when she was 13, as a ‘boy’ the gender assigned to her at birth. However, since then, she has undergone transformational surgeries. “Gender should not be a factor for admission to the corps,” Haneefa had told the Quint in an interview earlier.

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“Petitioner is entitled to enrollment in the NCC Senior Girls Division and rejection of request of petitioner for such enrolment is completely unsustainable,” said Justice Sivaraman during the order.

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