Reshaping The Ranks: The NCC Case And The Future Of Gender-Inclusive Public Institutions
- IJLLR Journal
- Jun 21
- 2 min read
Dr. Vivek Pachauri, Assistant Professor, Gautam Buddha University
ABSTRACT
The case of National Cadet Corps and Ors. v. Hina Haneefa and Ors. marks an important turning point in the development of transgender rights and statutory interpretation in India. In 2021, a single judge of the Kerala High Court determined that a transgender woman had the right to enrol in the National Cadet Corps (NCC) under the female category. The court also issued a writ of mandamus that required an amendment to Section 6 of the National Cadet Corps Act, 1948, to enhance its gender provisions toward inclusivity. This decision was consistent with the constitutional principles established in NALSA v. Union of India (2014) and the legal obligations set forth in the Transgender Persons (Protection of Rights) Act, 2019, which endorse the right to self-identified gender and forbid discrimination based on gender.
However, following an appeal, the Division Bench of the Kerala High Court in 2024 maintained the petitioner’s right to partake in the NCC selection process but overturned the order to revise the statute. The appellate court highlighted the constitutional principle of separation of powers, asserting that a writ court cannot mandate the legislature to enact or modify laws. Instead, it expressed optimism that the Central Government would contemplate legislative changes to integrate transgender individuals into the NCC’s framework.
This judicial path underscores an ongoing conflict between the judiciary's promotion of individual rights and the institutional reluctance to enact affirmative inclusion. The ruling not only affirms the relevance of gender self-identification within existing binary legal frameworks but also illustrates the limitations of judicial solutions in achieving substantial reform. Consequently, the ruling makes a significant contribution to the conversation surrounding gender inclusivity in public institutions and urges a proactive legislative approach to realize the constitutional commitment to substantive equality for all gender identities.
Keywords: Transgender, NCC, Gender identity
