Person Cannot Be Denied A Legitimate Right, Only Because She Is A Transgender, Says The Kerala High Court

History of Transgenders in India

• The whole of the Transgender Community comprises of Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakthis etc. T he concept is not new to Indian culture, they’ve been recognized in our ancient history as well and they, as a group, have a very strong historical presence in the ancient Hindu mythologies where is "Kama Shastra” they’ve been referred to as ‘tritiyapakriti’ or third gender.
• In the late 20th century, some transgender activists and NGOs have made continuous attempts for official recognition of the hijra as a kind of "third sex", as neither a man nor a woman.
• Transgenders have successfully gained this recognition in South Asian countries like Bangladesh. They are also eligible for priority in education and certain specific kinds of low paid jobs. The Supreme Court, in India, in April 2014 recognized hijras, transgender people, eunuchs, and intersex people as a third gender in law.

WHAT IS THE CASE?

• The case came into light after the plea filed by a Kerala University student against an exceptional provision which does not allow transgender persons in the National Cadet Corps.
• Haneefa, the petitioner, had challenged Section 6 of the National Cadet Corps Act, 1948, which only allows either "male” or "female” cadets.
• The Petitioner in her plea also states that the fourth respondent i.e., National Cadet Corps, at the college and the fifth respondent i.e., the Associate NCC officer of University college, Thiruvananthapuram, informed her that there were so provisions for transgenders to take admission and so she was not eligible.

WHAT IS THE RULING OF THE COURT?

• Justice Ramchandran, heading a single-judge bench, was hearing the plea filed by Hina Haneefa, opposed her exclusion from the NCC unit at the college on the basis of her gender.
• The Court said, "A person cannot be denied a legitimate right only because she is a transgender.” Justice Ramachandran further said that the Centre’s stance for transgenders goes against Kerala’s policy and also it does not justify the current status.
• The Central Government Standing Counsel stated that the application could not be accepted as it was not discrimination, but reasonable classification as per Article 14 of the Constitution of India.
• The court also directed NCC to file a written statement and ordered Haneefa’s university to keep a seat vacant for her enrollment.

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