Synopsis: The applicant questions a clause that essentially requires only males and females to register with the NCC as cadets.
A petition moved by a transwoman questioning Section 6 of the National Cadet Corps Act, 1948, was heard by the Kerala High Court.
She questioned a clause under the Act as unconstitutional because it essentially requires only males and females to register with the corps as cadets.
Justice Devan Ramachandran listed the case for further hearing on November 6, Friday, after hearing preliminary submissions.
At the hearing, the Central Government Advocate argued that, because the petitioner had chosen to identify as a woman, the petitioner could not question the constitutionality of the law. When enrolling, she could have choosen the female alternative, he asserted.
Advocate Raghul Sudheesh, the petitioner’s counsel, opposed this by arguing that she was refused enrollment because she was a transgender who is ‘identified as a woman.’
The petitioner has challenged her exclusion as arbitrary, filed through Advocates Raghul Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj. It is emphasised in the petition that the inclusion of sexual minorities, such as transgender people, is important to resolve the widespread marginalisation and highlight the problems they face.
The petitioner, currently a student at Thiruvananthapuram University, has undergone two sex reassignment surgeries and received a transgender identity card under the Kerala government’s Transgender Policy, 2015.
In addition to the Court’s declaration that Section 6 of the NCC Act is unconstitutional, the petitioner also urged intervention by the Court to allow it, as an interim relief, to be part of the enrollment process this year.
The petitioner further submits on the Court to order the National Cadet Corps to amend their conditions for enrolment accordingly.