Th Shatabdi, the Kerala High Court commented considering the petition of a transgender student challenging a boycott from the National Cadet Corps (NCC).
In considering the petition filed by Hina Hanifa, Justice Devan Ramachandran told the lawyer representing the NCC, “The world has moved on, you cannot live in the nineteenth century.” Transgender has challenged Section 6 of the National Cadet Corps Act, 1948 which allows only men or women to enroll as NCC cadets.
The court’s remarks came after the NCC counsel submitted that the petitioner’s denial of nomination does not discriminate. The lawyer sought time to file an affidavit clarifying the stand.
Reacting to the submission, the court said that the action the central government is taking is unfortunate. The court said that there are definitely three genders – male, female and transgender.
The court also said that the petitioner has decided to become a woman and has also undergone surgery. The court suggested that NCC may accept her as a woman.
However, the NCC counsel submitted that the petitioner was admitted as a transgender at her university and has described herself as a transgender woman in all the petitions in the petition.
But the court did not agree and said that the government should have amended the NCC Act to make provisions for transgender persons.
Counsel for NCC submitted that the date of nomination in NCC has been postponed as per the earlier order of the court and the petitioner has no prejudice.
The court said, “It is not a question of prejudice, it is the attitude of the authorities that concerns me. The world has moved on, you cannot live at 19
Th Century. “It should have been the government that said it was allowing the nomination, whatever the law said. The court adjourned the case as NCC counsel sought time to file a counter affidavit.
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