In a recent development, the Kerala High Court has called upon the Central government to make modifications to the National Cadet Corps Act (NCC Act) 1948. The issue at hand pertains to the current version of the act, which prevents transgender people from seeking entry into the National Cadet Corps (NCC).
Background of the Petition
The legal standoff dates back to 2020 when a student filed a writ petition after being denied membership of the NCC unit at her college based on her gender. The bone of contention was Section 6 of the NCC Act, 1948, which allows only ‘male’ or ‘female’ cadets and does not recognize the third gender. The Central Government contended that the provisions of the act do not consider transgender persons as eligible candidates for inclusion in the cadet corps.
High Court’s Ruling
The Kerala High Court disagreed with the Government’s stance, highlighting that it contradicts Kerala’s Transgender Policy and existing laws. The court made it clear that the NCC Act 1948 cannot override the Transgender Rights Act, 2019. The latter law was brought into effect to uphold the rights of transgenders as per Articles 14, 15, 19, and 21 of Indian Constitution.
In its ruling, the court maintained that a transgender person should be allowed to enroll in the NCC, reflecting their self-identified gender. The Court directed the Central Government to revise Section 6 of the NCC Act 1948 within six months to accommodate equal opportunities for all individuals.
Kerala’s Transgender Policy
Kerala was among the pioneer states to introduce and implement a welfare policy for transgender individuals in 2015. This action was taken following the landmark Supreme Court verdict in the National Legal Services Authority v Union of India case in 2014. The ruling upheld the right to equality and equal protection for transgender people under Articles 14, 15, and 16 and recognized them as the ‘third gender’.
Provisions of the Transgender Policy
The policy introduced a Transgender Justice Board aimed at monitoring and ensuring the successful implementation of the policy provisions. These include non-discriminatory treatment for transgender persons in government offices, easier access to education, health, and social security, legal aid for fighting discrimination, recording statistics of crimes against transgenders, a 24×7 helpline and crisis management centre, a pension scheme for destitutes and elderly transgender people, and establishment of secure shelter homes.
Educational Initiatives
Under the transgender policy, the government allotted two reserved seats for transgender students in universities and arts and science colleges starting 2018. Also, it introduced a literacy aid programme for transgenders that offers a monthly scholarship of up to Rs. 1,250 as well as accommodation facilities at shelter homes.
The National Cadet Corps Act, 1948
The NCC Act serves to regulate the constitution of the National Cadet Corps which is the youth wing of the Armed Forces. In operation across all of India, NCC enrols cadets at high school and college level and provides them with basic military training along with the academic basics related to the functioning of Armed forces.
About NCC
Established in 1948, the NCC was originally formed on the recommendation of H.N. Kunzru Committee-1946 as a sanctum for uniformed youth to learn military basics and discipline. With around 14 lakh active cadets from Army, Navy, and Air Force wings, the NCC operates under the jurisdiction of the Ministry of Defence and is led by a Director General of three-star military rank. Over the years, NCC cadets have played crucial roles in emergency situations, including voluntary relief work during the ongoing pandemic.
Source: IE