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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
JANVIN CLEETUS – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. rejection based on gender identity violates constitutional rights. (Para 1 , 2) |
| 2. ncc act restricts enrollment to defined genders, excluding transgenders. (Para 4 , 9) |
| 3. gender-specific training needs must be balanced against discrimination. (Para 6 , 8 , 10) |
| 4. concluding that existing laws do not permit transgender enrollment. (Para 11) |
JUDGMENT
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 NC
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