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'NCC Law Cannot Prohibit Transgender Rights Act' - Kerala HC

By SOURAV PUNIA      17 March, 2021 04:19 PM      0 Comments
NCC Law Cannot Prohibit

The Kerala High Court on Monday (March 15, 2021)  granted an application by a trans woman lawmaker Hina Haneefa to join the National Cadet Corps (NCC).

The applicant will be allowed to apply to register for the NCC in the senior girls category, according to her gender status, holding the same bench of Judge Anu Sivaraman, approving Hina Haneefa's application.

The Court noted that the Transgender Persons (Protection of Rights) Act 2019 recognizes the right of individuals to change their lives in a dignified manner, preventing discrimination. The provisions of the NCC Act cannot prevent the implementation of the Transgender Rights Act, 2019.

The enactment of this Act was intended to give effect to the rights guaranteed to such persons as Articles 14, 15, 19, and 21 of the Constitution, which must be kept in mind when considering such cases. In view of the provisions of the 2019 Act, a convert will have the right to be recognized not only as a transgender person but also as a person with the right to a gender identity "ruled Justice Anu Sivaraman.

"I am of the view that an application that has discriminated against women and underwent two surgeries by SRS to help them consider themselves a member of that man will inevitably be eligible for registration with the NCC's transgender wing and as a member of his or her own gender.", he added.

The Court also directed the NCC to amend the registration procedures prescribed by s / 6 of the NCC Act to include passers-by and to provide guidelines for the registration of passers-by in NCCs.

The Court ordered the defendants to make those changes without delay, within six months. The applicant, who is studying at University College in Thiruvananthapuram, has angered the Court by not being allowed to apply for registration with the NCC because of his gender. His submissions in this regard were not acted upon, his request was educated.

Haneefa's application challenged Section 6 of the NCC Act which only allows men and women to register with the Corps, without including passers-by registering with the Corps. Further, his application argued that the inclusion of minority sex as transgender people is necessary to address the widespread discrimination and discrimination they face.

The NCC, in its affidavit, stated that it is the right of the Central Government to form a new third party and that currently, only men and women are allowed to enter the National Cadet Corps (NCC) and Armed Power and there is no legal provision for Transgender people.

At a previous hearing on Haneefa's application, the presiding Judge Devan Ramachandran asked the NCC Advocate why she could not be accepted as a woman under the terms of the NCC Act the response of the Central Government Attorney to being denied the opportunity to register because she was transgender was not available in court.

Apart from taking the situation, the Judge said the incarceration was unacceptable in view of the State Terrorist State Policy of 2015, which allows passers-by to identify themselves as sex offenders.

"A person cannot be denied a legal right simply because he or she is a changeable person," the judge emphasized.

At the hearing on November 12, the Court had instructed the NCC unit at his college to keep the seat vacant for Haneefa pending the application of a written request.

In this way, her lawyer Advocate Raghul Sudheesh asserted that she could not be admitted to the NCC as a woman without any new arrangements made for her, especially as the NALSA High Court decision recognizes her gender identity.

The case was scheduled for February 4, 2021.

Haneefa's application was referred to the High Court by Advocates CR Sudheesh, Raghul Sudheesh, Sanish Sasi Raj, J. Lakshmi and K. J. Glaxon.

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