Lawstreet Journal

'NCC Law Cannot Prohibit Transgender Rights Act' - Kerala HC

Lawstreet Journal 17 Mar 2021 9:49pm

Image courtesy: Lawstreet Journal Judiciary 'NCC Law Cannot Prohibit Transgender Rights Act' - Kerala HC

The Kerala High Court on Monday (March 15, 2021)  granted an application by a trans woman lawmaker Hina Haneefa to join the National Cadet Corps (NCC).

The applicant will be allowed to apply to register for the NCC in the senior girl’s category, according to her gender status, holding the same bench of Judge Anu Sivaraman, approving Hina Haneefa's application.

The Court noted that the Transgender Persons (Protection of Rights) Act 2019 recognizes the right of individuals to change their lives in a dignified manner, preventing discrimination. The provisions of the NCC Act cannot prevent the implementation of the Transgender Rights Act, 2019.

The enactment of this Act was intended to give effect to the rights guaranteed to such persons as Articles 14, 15, 19, and 21 of the Constitution, which must be kept in mind when considering such cases. In view of the provisions of the 2019 Act, a convert will have the right to be recognized not only as a transgender person but also as a person with the right to a gender identity "ruled Justice Anu Sivaraman.

"I am of the view that an application that has discriminated against women and underwent two surgeries by SRS to help them consider themselves a member of that man will inevitably be eligible for registration with the NCC's transgender wing and as a member of his or her own gender.", he added.

The Court also directed the NCC to amend the registration procedures prescribed by s / 6 of the NCC Act to… Continue Reading...

Tagged: kerala high court  
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