Transgender student cannot be enrolled in National Cadet Corps under present law: Kerala High Court

The Kerala High Court recently observed that transgender candidates are not entitled to enroll with the National Cadet Corps (NCC) under the existing National Cadet Corps Act, 1948 [Janvin Cleetus v Union of India & ors]..Justice N Nagaresh, therefore, dismissed a transman's plea to allow his enrollment with the NCC, since the existing NCC Act only permitted the enrollment of 'male' and 'female' students, leaving no statutory provision for the entry of transgender candidates."There is no comparable provision for Transgenders in the National Cadet Corps Act, 1948. Therefore, under the Act, 1948, a Transgender student cannot be enrolled in NCC Divisions," the Court ruled. The judge added that while transgender persons should ideally be given the opportunity to join the NCC, legislative and executive action was required before such candidates could be allowed to join the NCC. "The National Cadet Corps Act, 1948 as it stands now, does not contemplate an NCC Division for Transgenders. Ideally, students belonging to Transgender should also get equal opportunity to get NCC training. But formation of NCC Transgender Division would require minimum / sufficient number of Transgender students to form separate Division. Those are matters of policy which require sufficient studies, which is the function of the Executive Implementation of Transgender Divisions in NCC would require legislative intervention also," the Court added. .The Court also held that there was some basis to the present gender-wise enrollment of NCC candidates and for treating NCC cadets differently based on their gender. "The Scheme of NCC training contemplates Cadets to stay in field conditions in tentage and confined accommodations. The training includes close contact physical exercises / games and long and short camps. By the very nature of the syllabi of training, the authorities are bound to take measures for the well being of the Cadets belonging to different genders," it reasoned. The Court, therefore, concluded that such gender-wise differentiation of NCC cadets or gender based NCC divisions were not unconstitutional or arbitrary. "It has to be held that there is intelligible differentia in the matter of providing differential treatment in NCC for persons belonging to different genders," the Court said. .The Court delivered the ruling while dismissing a 22-year-old transgender student's plea to allow his enrollment with the 30(K) Battalion of the NCC under the Calicut Group.The petitioner was informed during the interview stage that since he was a transgender person, he could not be enrolled in the NCC. He, therefore, moved the High Court challenging the denial of his enrolment with the NCC. .The Court, however, found that any inclusion of transgender cadets would require policy reform after a detailed study, and provided that a sufficient number of transgender students are there to form a separate division in the NCC.The Court proceeded to dismiss the plea. However, it directed the Court's registry to forward a copy of the judgment to the Secretaries of the Union Ministry of Defence and the Union Ministry of Law and Justice to consider if any policy change can be considered. .Notably, in another case, the High Court had earlier permitted a transwoman to enroll in the NCC as a female cadet. In March 2024, a Division Bench of the Court upheld a single-judge order in the matter. At the time, the Division Bench had observed that it could not direct the Central government to amend the NCC Act to expressly provide for transgender candidates. However, it expressed hope that the Centre would consider amending the Act soon to include transgender persons as well in the NCC..Advocate Dhanuja MS appeared for the petitioner.Senior panel counsel Dayasindhu Shreehari NS represented the Central government.Government pleader Dheeraj AS appeared for the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.