[NCC Act] “Person Cannot Be Denied A Legitimate Right Only Because She is A Transgender”, Observes Kerala High Court

“Person cannot be denied a legitimate right only because she is a transgender”, noted Justice Devan Ramachandran while hearing a plea filed by a transwoman, challenging Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra vires of Articles 14, 15 and 21 of the Constitution of India. The Act has been challenged to the extent that it excludes the transgender community from enrolment with the National Cadet Corps. In the hearing, the Central Government Standing Counsel (CGSC), appearing on behalf of NCC, submitted to the Court that NCC has only units for “male” and “female” cadets and that the transwoman’s application could not be accepted as she was neither “male” nor “female”. The CGSC stated that the same was not discrimination, but reasonable classification as per Article 14 of the Constitution of India.