Constitutional Challenge to Gender Binary Gains Momentum
The Kerala High Court has taken up a crucial constitutional issue concerning the inclusion of transgender individuals in the National Cadet Corps (NCC), issuing notices to the Union Government and NCC Directorate. A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar is hearing an appeal filed by Janvin Cleetus, a transman whose NCC application was rejected despite clearing all physical and academic criteria. The rejection followed disclosure of his gender identity, relying on a 2025 single-judge ruling that interpreted the National Cadet Corps Act 1948 as recognizing only “male” and “female” categories, thereby excluding transgender candidates due to lack of explicit legal provisions.
Challenging this interpretation, the appellant has invoked the landmark NALSA v. Union of India (2014) judgment, arguing that such exclusion violates fundamental rights under Articles 14 and 15 of the Constitution, including equality, non-discrimination, and the right to self-identification. The plea asserts that administrative concerns like infrastructure cannot override constitutional guarantees and calls for a “living constitution” approach to interpret the law in line with evolving gender identity rights. The court has sought responses from the Centre and the State, and the matter is scheduled for hearing on May 26, 2026, with the potential to set a landmark precedent for LGBTQ+ inclusion in uniformed institutions across India.