Exclusion Of Transgender Persons From NCC Not Unconstitutional Under Present Law: Kerala HC Urges Legislative Amendment For Inclusivity

The Kerala High Court has held that the exclusion of transgender persons from the National Cadet Corps (NCC) does not currently violate the Constitution, as the National Cadet Corps Act, 1948, in its present form, restricts enrollment to students of the male and female sexes. The Court, however, urged the Union Government to consider amending the law to ensure inclusivity.Justice N Nagaresh, delivered the judgment in a writ petition filed by a transgender student whose application for enrollment in NCC was rejected on the basis of gender identity. The petitioner contended that the rejection of the application based on gender identity was violative of the fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Constitution of India. The respondents submitted that as per Section 6 of the NCC Act, there is a provision to enrol girl and boy cadets only; therefore, the rejection of the candidature of the petitioner was legally justified. The Court observed that the NCC's training system, involving close-contact physical exercises, joint camps, and field conditions, was structured around gender-specific divisions to ensure the safety and well-being of participants. The Court held that there exists an intelligible differentia in treating cadets of different genders separately.“In the circumstances of the case, it has to be held that there is intelligible differentia in the matter of providing differential treatment in NCC for persons belonging to different genders.” the bench noted. The Court acknowledged that the transgender students are entitled to equality and opportunity, and noted that the creation of a transgender division or inclusion within the NCC framework requires legislative intervention and policy action. “Ideally, students belonging to Transgender should also get equal opportunity to get NCC training. But formation of NCC Transgender Division would require minimum / sufficient number of Transgender students to form separate Division. Those are matters of policy which require sufficient studies, which is the function of the Executive. Implementation of Transgender Divisions in NCC would require legislative intervention also” the bench notedThe Court thus dismissed the petition and directed the Registry to forward a Copy of the judgment to the Secretaries of the Ministry of Defence and the Ministry of Law and Justice, Government of India, for consideration of the issue and action. Case Title: Janvin Cleetus v Union of IndiaCase No: WP(C) 33642/ 2024Citation: 2025 LiveLaw (Ker) 735Counsel for Petitioner: Dhanuja M SCounsel for Respondents: Dayasindhu Sreehari N S, Dheeraj A S (GP)Click Here To Read/ Download Judgment

Exclusion Of Transgender Persons From NCC Not Unconstitutional Under Present Law: Kerala HC Urges Legislative Amendment For Inclusivity

Anamika MJ

Tags