Rejection of transgender student's for enrollment in National Cadet Corps is not violative of Article 14

Kerala High Court Upholds NCC's Gender-Specific Enrollment Policy Dismissal of Transgender Student's Plea Sparks Call for Legislative Reforms

In a landmark decision, the Kerala High Court has upheld the National Cadet Corps' (NCC) current enrollment policy, which restricts participation to male and female students, effectively denying the application of a transgender student. The court, presided over by Justice N. Nagaresh, ruled that the absence of statutory provisions for transgender enrollment under the National Cadet Corps Act, 1948, does not violate Article 14 of the Indian Constitution, which guarantees equality before the law.

The petitioner, Janvin Cleetus, a transgender student, sought enrollment in the 30(K)Bn NCC Calicut Group, successfully meeting all eligibility criteria. However, Cleetus's application was rejected during the interview phase due to gender identity. Represented by Advocate Smt. Dhanuja M.S., the petitioner argued that this rejection infringed upon fundamental rights under Articles 14, 15, 19, and 21 of the Constitution.

The respondents, represented by Senior Panel Counsel Sri. Dayasindhu Shreehari N.S. and Government Pleader Sri. Dheeraj A.S., contended that the NCC Act only allows for the enrollment of male and female students, as per Sections 6(1) and 6(2). They argued that the NCC's training environment, which includes gender-specific accommodations and activities, necessitates this binary enrollment policy for the safety and well-being of cadets.

The court acknowledged the petitioner's exclusion but emphasized that the existing legal framework does not support the inclusion of transgender students in the NCC. Justice Nagaresh noted that while the petitioner and other transgender students deserve equal opportunities, the creation of a transgender division within the NCC requires legislative and policy interventions, which fall under the purview of the Executive branch.

Despite dismissing the writ petition, the court 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 for further consideration. This move underscores the need for potential reforms in the NCC Act to accommodate transgender individuals, sparking a broader conversation on legislative inclusivity.

The judgment highlights a critical gap in statutory provisions concerning transgender rights within the NCC, urging the government to consider necessary amendments. As the debate over gender inclusivity continues, this decision may serve as a catalyst for future legislative action aimed at ensuring equal opportunities for all students, regardless of gender identity.

Bottom Line:

Transgender rights - Rejection of transgender student's application for enrollment in National Cadet Corps (NCC) is not violative of Article 14 of the Constitution of India due to absence of statutory provisions for transgender enrollment under the National Cadet Corps Act, 1948.

Statutory provision(s): National Cadet Corps Act, 1948, Article 14 of the Constitution of India

Janvin Cleetus v. Union of India, (Kerala) : Law Finder Doc Id # 2807323