Gender-specific provisions in the National Cadet Corps Act, 1948 are upheld despite non-inclusivity for Transgender individuals.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner is a Transgender. The petitioner submitted application for enrollment in 30(K)Bn. National Cadet Corps Calicut Group. A selection process was conducted. The petitioner satisfied all eligibility conditions. However, during the interview process, the petitioner was informed that he being a Transgender, cannot be enrolled in NCC.

2. The rejection of the petitioner's candidature is due to his status as a Transgender. Rejection of the petitioner's application based on gender identity is violative of the petitioner's fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Constitution of India, contends the petitioner.

3. Respondents 1, 2, 3 and 5 filed a counter affidavit. The respondents submitted that the petitioner submitted an application to participate in the enrollment process for the 30(K)Bn NCC on 16.08.2024. The petitioner participated in the selection process. During the interview, the petitioner's gender identity as “Transgender” was revealed.

4. The respondents stated that as per Section 6 of the National Cadet Corps Act , 1948, any student of male sex or any student of female sex of any University or School may offer himself/herself for enrollment as a cadet in the NCC. As per the existing policy, there is a provision to enroll boys and girls cadets only. The divisions created in the NCC are only for male and female genders. The stand taken by the respondents is therefore legally justified. The petitioner is not eligible for enrollment, contended the respondents.

5. I have heard the learned counsel for the petitioner and the learned Senior Panel Counsel representing the Central Government. I have also heard the learned Government Pleader appearing for the 6^th respondent.

6. The grievance of the petitioner is regarding refusal to enroll the petitioner in the NCC. The NCC came into force by enactment of the National Cadet Corps Act , 1948. The NCC aims at developing character, comradeship, discipline, the spirit of adventure and ideals of selfless service among young citizens. The NCC is intended to create a pool of organised, trained and motivated youth with leadership qualities in all walks of life, who will serve the nation regardless of career they choose.

7. The NCC also provides an environment conducive to motivating young Indians to join the Armed Forces. NCC also aims at creating a human resource of organised, trained and motivated youth to provide leadership which will be always available for the service of the nation.

8. The NCC follows a curriculum and training methodology closely mirroring Armed Forces. The NCC training involves close contact, physical exercises/games, long and short camps where cadets staying in field conditions in tentage, confined accommodation, etc. where gender of the Cadet is an important aspect. This is so due to their overall well being and safety. Therefore, NCC follows a gender specific enrollment.

9. Section 6 (1) of the National Cadet Corps Act , 1948 provides that any student of the male sex or any University or School may offer himself for enrollment as a Cadet in the senior or junior Division, subject to prescribed age and conditions. Section 6 (2) provides that any student of the female sex of any University or School may offer herself for enrollment as a Cadette in the Girls Division. There is no comparable provision for Transgenders in the National Cadet Corps Act , 1948. Therefore, under the Act, 1948 a Transgender student cannot be enrolled in NCC Divisions.

10. It is true that candidates belonging to Transgender section stand to lose in the matter of enrollment in NCC and ideally the Transgender students should also get opportunity to