Th Century, Kerala High Court criticized the Lingayat student’s appeal for questioning the exclusion of the National Cadet Corps (NCC).
Considering the application filed by Hina Hanifa, Justice Devan Ramachandran told the NCC consultants, “The world is progressing. You cannot remain in the nineteenth century.” Transgender challenged Section 6 of the National Cadet Corps Act of 1948, which allows only males or females to join the NCC cadets.
The court’s statement comes after the NCC’s lawyers submitted that denying applicant enrollment is not equivalent to discrimination. The attorneys sought time to file an affidavit explaining the stand.
Responding to the submission, the court said the stance taken by the central government was unfortunate. The court said there were three sexes – male, female and lingual.
The court noted that the applicant had decided to become a woman and also underwent surgery. The court suggested that the NCC may accept her as a woman.
However, NCC lawyers have admitted the applicant as a transgender to her university and have described herself as a genderqueer throughout the application.
But the court disagreed and said the government had to amend the NCC Act to accommodate persons of the sexes.
NCC’s lawyers have submitted that the enrollment date for the NCC has been postponed and there is no prejudice to the applicant.
Responding to this, the court said, “This is not a question of prejudice. The world has progressed, you cannot stay in 19
Th Century. “Whatever the law says, there should be a government that says it allows for enrollment. The court adjourned the case as NCC lawyers sought time to file a counter affidavit.