Thread by @barandbench

BREAKING: #KeralaHighCourt holds that enrolment criteria under Section 6 of the National Cadet Corps Act, 1948 which excludes admission of transgender persons to Corps should be amended to allow enrolment of transgender persons.

Provisions of the NCC Act cannot preclude the provisions of the Transgender Persons (Protection of Rights) Act, 2019, which was enacted to give effect to the rights to equality (Article 14), Article 19 and Article 21 for transgender persons: Justice Anu Sivaraman

Transgender person has a right to be recognised not only as a transgender but also a right to self-perceived self-identity: Justice Anu Sivaraman

#KeralaHighCourt

Fact that provisions of the NCC Act do not recognise the third gender or that detailed guidelines are required to be drawn up to integrate persons of the third gender into the armed forces of the NCC cannot be a justification for denying admission to the petitioner: HC adds

Petitioner who has opted for female gender & undergone sex reassignment surgeries for aiding her self-perception as a member of said gender would definitely be entitled to enrolment into NCC recognising her as a transgender and further as a member of her self-perceived gender: HC

Petitioner is entitled to enrollment in the NCC Senior Girls Division and rejection of request of petitioner for such enrolment is completely unsustainable: Justice Sivaraman

#KeralaHighCourt

Petitioner to be allowed to participate in the selection process on the basis of her application. Centre directed to amend enrolment criteria under Section 6, NCC Act to include transgender candidates. Guidelines to be issued on this count as well. This is to be done in 6 months