Kerala HC upholds gender equality – declares Section 6 of NCC Act as unconstitutional.

    A petition was filed by a transgender women in the Kerala High Court challenging the legislation that only allowed ‘male’ and ‘female’ to enrol with the National Cadet Corps (NCC), namely the Section 6 of the NCC Act, 1948. (Hina Haneefa v. Union of India)

    Dayasindhu Shreehari, the council for the Central Government, appearing for the NCC stated that it was not discrimination.

    Justice Ramachandra affirmed that there are three genders, male, female and transgender. He added that when the petitioner has decided herself to be a woman and also gone through surgery, the NCC Act can do nothing to stop admitting her. The Hon’ble judge strongly remarked that the NCC Act needs to be amended.

    The counsel for the state countered on her past acclaimed gender as a transgender and now changing to ‘transgender woman’ and that the date for the enrolment has already been delayed.

    The Kerala High Court remarked “The whole world has progressed, you cannot remain in 19th century.”

    The petitioner argued that rapid development is required in recognition of sexual minorities due to rampant marginalisation and discrimination faced by them.

    The court declared Section 6 of the NCC Act as unconstitutional. The petitioner prayed for allowing her to enrol in NCC as an interim relief and direction by the court for amendment of the NCC Act suitable for transgender.

    ~ Abhishek Roy.