Kerala HC to Union Govt: World has progressed, can't remain in 19th century; transgenders in NCC
Justice Devan RamachandranKOCHI: The world has progressed and the central government cannot remain in the 19
th century, the Kerala High Court remarked while considering a transgender student’s plea challenging exclusion from National Cadet Corps (NCC).
Considering a petition filed by Hina Haneefa, justice Devan Ramachandran told the counsel representing NCC, “The world has progressed, you cannot remain in the nineteenth century.” The transgender has challenged section 6 of National Cadet Corps Act, 1948 that allows only males or females to enroll as NCC cadets.
The court’s remark came after NCC’s counsel submitted that refusal of enrollment of the petitioner does not amount to discrimination. The counsel sought time to file an affidavit explaining the stance.
Responding to the submission, the court said the stance that the central government is taking is unfortunate. There certainly are three genders – male, female, and transgender, the court said.
The court also noted that the petitioner has decided to become a woman and has undergone the surgery also. NCC can admit her as a woman, the court suggested.
However, NCC’s counsel submitted that the petitioner was admitted to her university as a transgender and she has described herself as a transgender woman throughout the pleadings in the petition.
But the court did not agree and said the government should have amended the NCC Act to make provision for transgender persons.
NCC’s counsel submitted that date of enrolment to NCC has been deferred as per the court’s earlier order and no prejudice has been caused to the petitioner.
The court responded by saying, “It is not a question of prejudice, it’s the attitude of the authorities that I’m worried about. The world has progressed, you cannot remain in the 19 th century.” It should have been the government that stated that it was allowing the enrolment, whatever the law stated. The court has postponed the case as NCC’s counsel sought time to file counter affidavit.
Considering a petition filed by Hina Haneefa, justice Devan Ramachandran told the counsel representing NCC, “The world has progressed, you cannot remain in the nineteenth century.” The transgender has challenged section 6 of National Cadet Corps Act, 1948 that allows only males or females to enroll as NCC cadets.
The court’s remark came after NCC’s counsel submitted that refusal of enrollment of the petitioner does not amount to discrimination. The counsel sought time to file an affidavit explaining the stance.
Responding to the submission, the court said the stance that the central government is taking is unfortunate. There certainly are three genders – male, female, and transgender, the court said.
The court also noted that the petitioner has decided to become a woman and has undergone the surgery also. NCC can admit her as a woman, the court suggested.
However, NCC’s counsel submitted that the petitioner was admitted to her university as a transgender and she has described herself as a transgender woman throughout the pleadings in the petition.
But the court did not agree and said the government should have amended the NCC Act to make provision for transgender persons.
NCC’s counsel submitted that date of enrolment to NCC has been deferred as per the court’s earlier order and no prejudice has been caused to the petitioner.
The court responded by saying, “It is not a question of prejudice, it’s the attitude of the authorities that I’m worried about. The world has progressed, you cannot remain in the 19 th century.” It should have been the government that stated that it was allowing the enrolment, whatever the law stated. The court has postponed the case as NCC’s counsel sought time to file counter affidavit.
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