"There is no law that allows entry of transgender persons in NCC / Armed Force", Central Government to Kerala High Court

The central government told the Kerala High Court that as of now there is no law that allows entry of Transgender Persons in the National Cadet Corps (NCC) and Indian Armed Force. It is the Central Government’s entitlement to decide upon the issue of whether or not the same should be allowed. 

Enrolment of the third gender without due contemplation by authorities will have great consequences: Central Government 

In an affidavit filed before the High Court seeking Transgender persons to have a right for entry to NCC and armed forces, the Centre government along with NCC said that presently, only boys and girls have opportunity to be enrolled in NCC. 

The aim of NCC is to groom cadets for future with the Armed Forces. Currently, the Armed Forces do not have a provision for entry of Transgender persons, and also the same is absent in NCC as well. Therefore, enrolment of any candidate who does not belong to a male or female category without due contemplation by the authorities will have great consequences.  

The affidavit came in light of a petition filed by a trans-woman Hina Haneefa before the Kerala High Court challenging Section 6 of the NCC Act, which provides opportunities only to males and females for enrolment in the NCC.   

The petitioner seeks High Court to declare Section 6 of the NCC Act as unconstitutional 

The petitioner argues that he is keen to join NCC. It was further contended that the enrolment of sexual minorities such as transgender persons is very important to encounter the unchecked discrimination faced by them. 

The petition seeks High Court to declare Section 6 of the NCC Act as unconstitutional, and allow her to be part of the enrolment process this year as interim relief.