The Supreme Court has issued a notice to the Centre, NCERT and six states, including Maharashtra, seeking their responses to a public interest litigation (PIL) demanding the inclusion of transgender-inclusive comprehensive sexuality education (CSE) in school textbooks. The petition was filed by Kaavya Mukherjee Saha, a Class XII student, urging that school curricula should incorporate transgender rights and gender diversity.
The bench, comprising Chief Justice B R Gavai and Justice K Vinod Chandran, directed the Centre and the states of Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu and Karnataka to file their replies within eight weeks. The PIL highlights the failure of NCERT and State Councils of Educational Research and Training (SCERT) to include structured, examinable content on gender identity and diversity in line with the Supreme Court’s earlier directives.
Background of the PIL and court’s observations
The petition emphasises that despite the Supreme Court’s binding directions in the landmark NALSA v. Union of India case and statutory mandates under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, most educational boards have neglected to integrate accurate and age-appropriate transgender-inclusive content in their syllabi.
According to the PIL, textbook reviews conducted across Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed systemic omissions of gender diversity topics. Kerala was noted as a partial exception. The petitioner pointed out that such exclusion violates fundamental rights, including the right to equality, and undermines Directive Principles of State Policy.
Senior advocate Gopal Sankaranarayanan, representing the petitioner, argued before the court that the absence of transgender-inclusive education in textbooks fails to comply with international standards as outlined in the International Technical Guidance on Sexuality Education published by UNESCO and the WHO.
Statutory obligations and educational mandates
The PIL cites the Transgender Persons (Protection of Rights) Act, 2019, which places a statutory obligation on educational authorities to ensure gender sensitisation. It states that NCERT and SCERT must incorporate scientifically accurate and examinable content addressing gender identity, diversity, and the distinction between sex and gender in school curricula.
The petition seeks a court directive mandating the formulation of binding guidelines to ensure the effective implementation of transgender-inclusive sexuality education across all public and private educational institutions in India. The aim is to create a consistent and comprehensive framework that addresses gender sensitivity from an early age.
Implications for school curricula nationwide
The plea underscores that including transgender-inclusive content in school textbooks is not only an educational necessity but also a legal requirement. It stresses that such content should be examinable, ensuring students engage seriously with issues of gender diversity and equality.
The Supreme Court’s notice to the Centre and various state governments signifies the judiciary’s commitment to enforcing educational reforms that recognise the rights of transgender individuals. The court’s intervention follows growing concerns that the lack of inclusion in educational material perpetuates stigma and discrimination against transgender persons.
The respondents have been asked to respond within eight weeks, signalling the urgency of addressing this issue. The outcome could lead to substantial changes in how gender and sexuality education is structured in India’s school systems, potentially impacting millions of students.
As reported by the PTI, the court’s notice highlights the importance of implementing inclusive education policies in compliance with national laws and international guidelines, aiming to uphold the fundamental rights of all students regardless of gender identity.
The bench, comprising Chief Justice B R Gavai and Justice K Vinod Chandran, directed the Centre and the states of Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu and Karnataka to file their replies within eight weeks. The PIL highlights the failure of NCERT and State Councils of Educational Research and Training (SCERT) to include structured, examinable content on gender identity and diversity in line with the Supreme Court’s earlier directives.
Background of the PIL and court’s observations
The petition emphasises that despite the Supreme Court’s binding directions in the landmark NALSA v. Union of India case and statutory mandates under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, most educational boards have neglected to integrate accurate and age-appropriate transgender-inclusive content in their syllabi.
According to the PIL, textbook reviews conducted across Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed systemic omissions of gender diversity topics. Kerala was noted as a partial exception. The petitioner pointed out that such exclusion violates fundamental rights, including the right to equality, and undermines Directive Principles of State Policy.
Senior advocate Gopal Sankaranarayanan, representing the petitioner, argued before the court that the absence of transgender-inclusive education in textbooks fails to comply with international standards as outlined in the International Technical Guidance on Sexuality Education published by UNESCO and the WHO.
Statutory obligations and educational mandates
The PIL cites the Transgender Persons (Protection of Rights) Act, 2019, which places a statutory obligation on educational authorities to ensure gender sensitisation. It states that NCERT and SCERT must incorporate scientifically accurate and examinable content addressing gender identity, diversity, and the distinction between sex and gender in school curricula.
The petition seeks a court directive mandating the formulation of binding guidelines to ensure the effective implementation of transgender-inclusive sexuality education across all public and private educational institutions in India. The aim is to create a consistent and comprehensive framework that addresses gender sensitivity from an early age.
Implications for school curricula nationwide
The plea underscores that including transgender-inclusive content in school textbooks is not only an educational necessity but also a legal requirement. It stresses that such content should be examinable, ensuring students engage seriously with issues of gender diversity and equality.
The Supreme Court’s notice to the Centre and various state governments signifies the judiciary’s commitment to enforcing educational reforms that recognise the rights of transgender individuals. The court’s intervention follows growing concerns that the lack of inclusion in educational material perpetuates stigma and discrimination against transgender persons.
The respondents have been asked to respond within eight weeks, signalling the urgency of addressing this issue. The outcome could lead to substantial changes in how gender and sexuality education is structured in India’s school systems, potentially impacting millions of students.
As reported by the PTI, the court’s notice highlights the importance of implementing inclusive education policies in compliance with national laws and international guidelines, aiming to uphold the fundamental rights of all students regardless of gender identity.
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