On Monday, the High Court of Kerala pulled up the Central Govt for its stance that the National Cadet Corps (NCC) can’t admit a transgender person as only male & female candidates are eligible to enrol.
While hearing the petition of Hina Haneefa, a transgender student, challenging Section 6 of the National Cadet Corps Act 1948, the Court has made serious observations against the Union Govt.
“The world has progressed. You cannot remain in the 19th century,” Justice Devan Ramachandran observed when central government counsel Dayasindu Sreehari insisted that refusing enrollment to the petitioner under the NCC Act “was not discriminatory” & sought more time to file a counter-affidavit. The counsel also submitted that since the date of enrolment with the NCC had been deferred in pursuant with the Court’s previous order, no prejudice has been caused to the petitioner by the NCC or the Govt.
At this point, the Judge observed, “It is not the question of prejudice, it is the attitude of authorities that I am worried about... The world has progressed, you can’t remain in the 19th century.” The Judge also observed that the government should have stated that it was willing to enrol whatever the law stated.
“This is an unfortunate stance the Government of India is taking. Certainly, there are three genders, male, female & transgender,” the Judge observed adding that the Govt should have amended the NCC Act by now to make provisions for transgenders. The Court later posted the case to Dec 10.
The petitioner, a degree student of the University College in Thiruvananthapuram, had undergone sex reassignment surgery & obtained a transgender identity card under the Kerala Govt’s transgender policy 2015. She moved the Court last month when she was denied permission to enrol in the NCC. In her plea, she sought amendment in the NCC Act to allow enrolment of transgenders.
Hina Haneefa (23) said she was an active cadet of the NCC during her schooldays in Malappuram. After joining the University College this year she tried to enrol in the NCC but was bluntly told that there was no provision for the third sex & she was forced to move the court. In the plea, she said transgenders are now allowed even in paramilitary forces & it was unfair to deny an opportunity in the NCC that moulds disciplined cadets to armed forces & the paramilitary.
“Many laws are there but they remain only on papers. What we need is acceptance, not sympathy. Though Kerala is first to come out with a transgender policy & transgender justice board, it has to go a long way,” she said, adding that her fight was not for her alone but for the entire community. She said employment & accommodation remain major challenges to the community.
Source Link
Picture Source :
