Transgender Student Denied NCC Entry; Kerala High Court Says the Law Must Change First
The Kerala High Court in Janvin Cleetus v Union of India & ors has held that, under the current law, transgender students cannot be enrolled in the National Cadet Corps (NCC). The ruling came while dismissing a petition filed by a 22-year-old transman who wished to join the 30(K) Battalion of the NCC under the Calicut Group.
Justice N Nagaresh noted that the National Cadet Corps Act, 1948 allows only “male” and “female” students to be enrolled. Since the Act does not mention transgender candidates, the Court said that there is no statutory basis to allow their entry at present.
According to the Court, the NCC framework involves gender-specific divisions because of the nature of training. Camps involve staying in tents or shared spaces, participating in close-contact physical exercises, and undergoing field activities. Therefore, the authorities are required to consider the physical safety and well-being of cadets of different genders.
Justice Nagaresh added that transgender persons should ideally be given equal opportunity to join the NCC. However, such inclusion would require action from the legislature and executive. Creating a separate division for transgender cadets would also need adequate numbers and proper policy study.
The Court clarified that the present gender-based structure in the NCC is not arbitrary or unconstitutional. It said there is a reasonable basis for treating cadets of different genders separately due to the nature of training and accommodation.
The petitioner’s plea was therefore dismissed. However, the Court directed its registry to forward the judgment to the Union Ministry of Defence and the Union Ministry of Law and Justice so that the government may consider whether policy changes are required.
It is worth noting that in a previous case, the Kerala High Court had allowed a transwoman to be enrolled as a female cadet. The Division Bench had also expressed hope that the Central government would soon consider amending the NCC Act to include transgender persons.
Advocate Dhanuja MS represented the petitioner. Senior panel counsel Dayasindhu Shreehari NS appeared for the Central government, while Government Pleader Dheeraj AS represented the State.
