Suggestion to consider establishing an NCC Transgender Division
Ernakulam: The Kerala High Court dismissed a petition filed by a 22-year-old transgender student seeking admission to the NCC due to the lack of a provision in the NCC admission rules. However, the court made an important recommendation to the Central Government, stating that transgender students should also be given the opportunity to join the NCC.
The High Court directed the Ministry of Defense and the Ministry of Law to seriously consider this issue. The current law does not provide for admission of transgender students into the NCC, which the court emphasized needs to be amended.
A bench headed by Justice N. Nagaresh dismissed the petition filed by transgender student Janvin Cleetus, but also directed the Central Government to review the issue and take necessary action. This decision marks a significant turning point in the fight for equal opportunities in public life for the transgender community.
What is the whole matter?
Janvin Cleetus, a resident of Valiathura, Thiruvananthapuram, applied for admission to the 30(K) Battalion NCC, Calicut. Cleetus possesses a transgender identity card issued by the Thiruvananthapuram District Collector on February 14, 2024, and met all the eligibility criteria and participated in the selection process. However, during the interview, he was informed that he could not be admitted to the NCC due to his gender identity. Advocate Dhanuja M.S., representing the petitioner, argued that this discrimination based on gender identity is a direct violation of Articles 14 (equality before the law), 15 (prohibition of discrimination), 19 (freedom of speech and expression), and 21 (right to life and personal liberty) of the Indian Constitution.
The NCC and the central government stated in their response that Section 6 of the NCC Act, 1948, currently provides for the admission of only male and female students as cadets. They argued that NCC training involves physical exercises, sports, and long camps, where cadets are required to live together in field conditions. Therefore, the gender-specific admission policy is designed to ensure the safety and well-being of cadets of different genders.
It is true that transgender candidates are disadvantaged in NCC admissions, and ideally, transgender students should also be given the opportunity to enroll in the NCC.
Kerala High Court
What did the High Court say?
The court acknowledged that depriving transgender students of opportunities like the NCC is a matter of concern. The court made important observations in its judgment:
“It is true that transgender candidates are disadvantaged in NCC admissions, and ideally, transgender students should also be given the opportunity to enroll in the NCC.”
However, the court also stated that there is an “intelligible difference” in treating individuals of different genders differently, given the provisions of the existing law and the nature of the training.
The court clarified that creating a transgender division in the NCC would require legislative intervention and a clear policy. Justice Nagaresh said:
“The formation of an NCC transgender division would require a minimum/sufficient number of transgender students to constitute a separate division. These are matters of policy that require adequate study, which is the function of the executive. Legislative intervention is also required for their implementation.”
Despite dismissing the petition, the High Court suggested a course of action on the issue. The court directed that a copy of its decision be sent to the Secretaries of the Ministry of Defence and the Ministry of Law and Justice, Government of India, “for consideration and necessary action on the issue.”
Geetha Sunil Pillai
Courtesy: Hindi News