No provision to include transgender persons, NCC informs High Court

The submission made in response to a petition filed by Hina, a transwoman student
Kerala High Court (File Photo| A Sanesh, EPS)
Kerala High Court (File Photo| A Sanesh, EPS)

KOCHI: The National Cadet Corps on Tuesday informed the Kerala High Court that as per existing policy, there is only a provision for including boys and girl cadets in the Corps. The NCC also submitted that transgender people cannot be included in the Corps. The submission was made in response to a petition filed by Hina Haneefa, a trans woman and a student of Thiruvananthapuram University College, challenging NCC’s exclusion of transgender people from its programme in the college.

In the affidavit, Lt Col Prem Chand Jha, Officer Commanding, Kerala Battalion NCC, Thiruvananthapuram, stated that the divisions created in the NCC were only for male and female genders. 
Moreover, in NCC, facilities, training modules and other curriculums provided to both the divisions were different from each other. It was the prerogative of the Centre to constitute a new division for the third gender. 

In fact, before constituting a new division for the third gender, Central government has to conduct a major exercise in terms of reviewing infrastructure facilities, modules and facilities that are binding to such divisions. Any induction of a candidate not from male or female gender without due deliberations by the authorities would have far-reaching ramifications. The issue of raising a new division is a policy decision.

The affidavit pointed out that the petitioner has chosen to be called transgender female which falls in the third gender category as a trans woman whereas enrolment in NCC as a cadet is open only to a male or female gender. It pointed out that one of the primary aims of NCC was to groom cadets for a future with the Armed forces whereas, there is no provision existing for the entry of transgender people (Female/male) in the Indian Armed Forces.According to NCC, a student can be enrolled in ‘Girls Division’ only if the student is admitted under the female category in the college. Hence, the petitioner is not eligible to be included in NCC.

The affidavit pointed out that one of the primary aims of NCC was to groom cadets for a future with the Armed forces whereas, there is no provision existing for the entry of transgender people (female/male) in the Indian Armed Forces.

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