(Photo by Rahul Sapra via Bigstock)
A Kerala High Court judge on Feb. 29 upheld another magistrate’s ruling that allowed a transgender woman to participate in the Indian Armed Forces’ youth wing as a female.
The High Court set aside a part of the order that directed the central government to amend the NCC Act to allow trans people to enroll based on their gender identity.
“When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under section 6(2) of the NCC Act,” said Justice Anu Sivaraman. “In the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in National Legal Service Authority (NALSA).”
The judge said that the court cannot direct the government to amend the law, but expressed hope that the Indian government would amend the NCC Act to expressly allow the entry of trans candidates to the NCC.
The Kerala High Court said that the fact that the National Cadet Corps Act does not recognize the third gender cannot be a reasonable justification to deny entry to a trans person.
Hina Haneefa had filed a petition with the High Court that challenged a section of the NCC Act that only allowed males and females under Section 6 of the law to enroll in the Cadet Corps.
“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, i.e. the female gender,” said Sivaraman. “The denial of enrollment is unsustainable. The petitioner will be entitled to participate in the selection process on the basis of her application. If she is successful, the petitioner will be enrolled in the NCC Unit.”
Haneefa is a trans woman who applied to enroll in the NCC after undergoing gender-affirming procedures and getting her identity card. The NCC denied her application.
Parliament in 2019 passed 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, queer artist, entrepreneur and actor, said trans people in the country have to fight for the inclusion of trans people in all sectors.
“We have to go to the court, we have to fight with the system, then the high court directs the state and the central government to take inclusive steps. Again and again, repetitive,” said Subramaniam. “Why should trans people should struggle for everything? I am sure, the central government is working towards equality and inclusion because they recently published Equal Opportunity Policy for Transgender Persons. The government will consider this to include trans people in NCC. What I am looking for is the inclusion of transgender people in the Indian military. That could be a long term plan, but it is possible and ultimately rests in the government’s hands.”
Subramaniam expressed her firm belief that all Indian citizens, including members of the trans community, deserve the opportunity to serve the country. She emphasized the potential of trans individuals to contribute to national defense and public service, highlighting both the military and civil services as avenues for their inclusion. Subramaniam voiced her confidence in the central government of India’s willingness to address this issue and expressed hope for future action.
Souvik Saha, an LGBTQ activist and founder of People for Change, one of India’s premier advocacy groups, said he supports the Kerala High Court ruling.
“This decision is a significant step towards inclusivity and recognizing the rights of transgender individuals to participate fully in all aspects of society,” said Saha. “The NCC Act currently only allows for the enrollment of male and female cadets, which is discriminatory against transgender individuals and reinforces harmful binary gender norms. By ordering the central government to amend the NCC Act to accommodate transgender individuals, the Kerala High Court is acknowledging the need for legal protections and equal opportunities for all genders.”
Saha said the decision will set a positive precedent for other institutions and organizations to follow suit in recognizing and accommodating trans people. Souvik added it sends a clear message that discrimination based on gender identity is not acceptable and that trans people have the right to equal opportunities and access to resources.
“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 skill, confidence, and a sense of belonging, which are essential for their overall well-being and success.”
“Overall, the Kerala High Court’s decision to allow a transgender woman to enroll in the NCC is a significant victory for LGBTQ rights and a crucial step towards creating a more inclusive and equitable society,” he added. “It is imperative that the central government swiftly amends the NCC Act to ensure that transgender individuals are not excluded or discriminated against based on their gender identity.”
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
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