SC directs responses on transgender-inclusive sexuality education in Indian schools

The Supreme Court on Sept 1 asked the union government, NCERT, and six states, including Maharashtra, to submit responses to a PIL seeking transgender-inclusive comprehensive sexuality education in school curricula.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran heard submissions from senior advocate Gopal Sankaranarayanan, representing the petitioner, and directed the respondents to reply within eight weeks.

Class XII student Kaavya Mukherjee Saha, who filed the PIL, named the Centre, NCERT, and the states of Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka as parties.

The petition seeks the inclusion of transgender-sensitive content in textbooks developed by NCERT and respective State Councils of Educational Research and Training.

The plea contends that NCERT and most SCERTs have ignored previous SC directions in the NALSA vs Union of India case.

Despite obligations under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, the councils have failed to include structured, examinable material on gender identity, gender diversity, and the difference between sex and gender in school curricula.

Textbook audits in Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed consistent gaps, with Kerala being a partial exception.

The petition argues this exclusion violates fundamental rights, including the right to equality, and contravenes Directive Principles of State Policy.

The plea refers to the International Technical Guidance on Sexuality Education by UNESCO and WHO, which offers a global framework for CSE.

It asks the Court to direct authorities to include "scientifically accurate, age-appropriate" transgender-inclusive sexuality education in examinable school curricula across India.

Additionally, the petition requests the establishment of binding guidelines to ensure gender sensitization and transgender-inclusive education is effectively implemented in all public and private educational institutions nationwide.