In a landmark ruling, the Kerala High Court on Monday observed that transgender persons can join the National Cadet Corps on the basis of their “self-perceived gender identity”, Bar and Bench reported.
A bench of Justice Anu Sivaraman noted that the Transgender Persons (Protection of Rights) Act, 2019, recognises their right to a life of dignity, and prohibits discrimination. The provisions of the National Cadet Corps Act, therefore, cannot preclude the operation of the Transgender Rights Act, 2019, it said.
The High Court was hearing a plea filed by a transgender woman, Hina Haneefa, who had challenged Section 6 of the National Cadet Corps Act, 1948, which allows only males or females to enrol as cadets. A student at the University College in Thiruvananthapuram, Haneefa argued that the exclusion was arbitrary.
“In view of the specific provisions of the 2019 Act, a transgender person has the right to be recognised not only as a transgender but also a right to