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India Rights lgbtq Equality Courts inclusion Trans Transgender India

India court allows transgender woman to participate in Armed Forces’ youth wing

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A Kerala High Court judge on Feb. 29 upheld another magistrate’s ruling that allowed a transgender woman to participate in the Indian Armed Forces’ youth wing as a female.

The High Court set aside a part of the order that directed the central government to amend the NCC Act to allow trans people to enroll based on their gender identity. “When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under section 6(2) of the NCC Act,” said Justice Anu Sivaraman. “In the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in National Legal Service Authority (NALSA).” The judge said that the court cannot direct the government to amend the law, but expressed hope that the Indian government would amend the NCC Act to expressly allow the entry of trans candidates to the NCC.

The Kerala High Court said that the fact that the National Cadet Corps Act does not recognize the third gender cannot be a reasonable justification to deny entry to a trans person.

Hina Haneefa had filed a petition with the High Court that challenged a section of the NCC Act that only allowed males and females under Section 6 of the law to enroll in the Cadet Corps. “In view of the specific provisions of the 2019 act, a transgender person has the right to be recognized not only as a transgender but also a right to self-perceived gender, i.e.

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