Allowing transgender candidates to join NCC would open floodgate: NCC tells Kerala High Court

The National Cadet Corps (NCC) has filed a statement before the Kerala High Court re-asserting its stance against allowing transgender candidates to join the corps at present.

.Plea for admission of Transgender persons in NCC: Petitioner alleges delaying tactics by Centre. The statement was filed in response to the plea by transwoman Hina Haneefa , who had moved the Kerala High Court challenging Section 6 of NCC Act, which allows only males and females to enrol with the Corps.

. According to the NCC, the use of common basic facilities such as accommodation, toilets, sleeping being routine in NCC curriculum, there is a need for gender-specific regulations on account of their potential for sexual activity.

. "NCC is following a curriculum and training module closely following Armed Forces, which many a times gender specific due to difference in physical, biological and psychological aspects of various genders as well as exigencies of service. The training also include close contact physical exercises/games, long and short camps where cadets stay in field conditions in tentages, confined accommodation etc where gender specificity of the cadets to be taken in to account for their overall well-being and safety. Under the above said circumstances there is the need in NCC to follow gender specific enrolment and grouping to avoid any untoward incident ", the NCC statement lays out . The statement adds that a trans person would likely to be advantaged or disadvantaged in their training divisions, which presently follow different training parameters for their Boy and Girl cadets. Transwomen in a girls unit will have an unfair advantage over other girl cadets and transmen in a boys unit will have an inherent disadvantage, the NCC asserts.

. While adverting to the fact that the petitioner has undergone sex reassignment surgery, the NCC expresses that transgender people could also include persons who have not undergone these procedures.

. To allow such persons to use common facilities and engage in close contact-physical training activities would violate the privacy and dignity of girl cadets, the NCC contends.

. The NCC adds that an unmanageable situation would result if the writ petition is allowed. In this regard, the NCC avers that allowing the petitioner's plea, on the basis of her assigned identity of trans-woman, would " open a flood gate of an unmanageable situation where sexually potent Cross-dresser, Genderqueers etc. with bisexual or heterosexual orientation can join NCC units of the opposite gender."

. Transgender persons who have not undergone sex reassignment surgeries would also have to be allowed NCC enrolment, as per the principle of equality, the NCC states.

. There is the need to formulate detailed guidelines on medical and psychological aspect on assigning gender identity to transgender for inclusion in to gender specific organizations like Armed Forces and NCC (sic) NCC . Highlighting its case for a detailed categorization of transgender persons, based on biological features and a sexual orientation, to assign them male or female identity, the NCC again asserts that the inclusion of transgender candidates to the corps is a policy matter and a prerogative of the Central Government.

."World has progressed, you can't remain in 19th Century:" Kerala High Court censures Central government's exclusion of Transgender persons in NCC. The statement was filed in the High Court today through Central Government Counsel, Daya Sindhu Shree Hari, who is appearing for the NCC.

. The case is expected to be taken up for admission hearing next week.

. Filed through Advocates Raghul Sudheesh, Lakshmi J, Glaxon KJ and Sanish Sasi Raj, the petitioner has challenged her exclusion from the NCC on account of being transgender as arbitrary .

. In the petition, it is emphasized that the inclusion of sexual minorities such as transgender persons is necessary to address the rampant marginalisation and discrimination faced by them.

. The petitioner, presently a student at the University College, Thiruvananthapuram, underwent two sex reassignment surgeries and obtained a transgender identity card under the Kerala government's Transgender Policy, 2015.

Allowing transgender candidates to join NCC would open floodgate: NCC tells Kerala High Court

Lydia Suzanne Thomas

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