NEW DELHI: Observing that the current rules did not permit enrollment of transgenders, National Cadet Corps (NCC) head Lt Gen Tarun Kumar Aich on Friday said NCC would need "numbers" of the third gender and other "dynamics" to have them in the uniformed youth organisation.
Interestingly, while the DG NCC was addressing the annual press conference, the Kerala High court was hearing the plea of a transwoman against the exclusion of transgender person enrollment as per section 6 of the NCC act.
"We in NCC go as per the rules which are governed by NCC Act of 1948. When we talk of genders of male or female, we do not have the clause to enroll a transgender and that is what we have at present. But it has been given by the Supreme Court in 2014 and the apex court has said that there is a third gender also but presently our rules do not permit it," Lt Gen Aich told ANI.
"As you will appreciate and agree with me that you cannot have a boy, girl, and a transgender community or category because you need numbers of them (transgenders) and you will need a totally different dynamics all together so present conditions do not permit us," DG NCC told ANI.
When asked about whether in the future it would be possible for NCC to have transgenders, DG said, "I think that decision has to be taken at the highest level because the decision encompasses all the uniformed forces. It is a decision which I cannot comment upon. It has to be taken at the national level," DG NCC said.
Meanwhile, Kerala High Court adjourned the matter of a transwoman's plea against the exclusion of transgender persons from National Cadet Corps (NCC) enrollment on Friday. The matter was adjourned for NCC's additional affidavit and the interim order directing the setting apart of a vacant seat to continue.
Justice Anu Sivaraman today heard the matter. Central government counsel told the court that, "We have received a reply affidavit from the petitioner. We want to file an additional affidavit."
The petitioner alleged that "this Court had explored the possibility of the petitioner being included as a female or as a transgender for enrolment. She has a right to a self-perceived gender identity as per the NALSA judgment as well as the 2019 Act."
The petition filed by Hina Haneefa, a trans woman and a student of Thiruvananthapuram University College, challenged Section 6 of the NCC Act which allows only males and females to enroll with the Corps.
DG NCC during the press conference also talked about the compulsion of NCC in schools and said that it is not possible currently as it would have a financial burden. "We would love to. Let us make it compulsory. Let us have disciplined youth but the point it depends on the monetary aspect as I said," Lt Gen Aich replied.