A petition has been filed by a transwoman challenging the enrolment criteria stipulated under section 6 of the National Cadet Corps. The petitioner had expressed their desire to join the corps, as they had done earlier but was not able to rejoin since only males and females are allowed to do so.
The Transgender (Protection of Rights) Act, 2019 passed by the Kerela government and the Apex Court’s verdict in NALSA v. Union of India were relied upon to justify the inclusion of transgenders in the NCC. The criteria under the NCC act have been contended to be an arbitrary exclusion of the transgenders despite the social reformations that have taken place.
Relief is sought to declare the section to be unconstitutional and as a form of interim relief allow the petitioner to participate in the enrolment process which they have been denied even after making several representations.