Kerala HC Directs State To Consider Inclusion Of Sex Education In School And College Curriculum

The Kerala High Court recently emphasized the importance of incorporating safe sex education into the curriculum of schools and colleges, urging the State government to seriously consider its implementation.

The court’s observation came in response to a petition filed by a father seeking medical termination of his minor daughter’s pregnancy, which resulted from incestuous relations with her own brother.

A single judge Justice PV Kunhikrishnan highlighted the significance of safe sex education as a preventive measure to avoid such distressing situations for parents.

The judgment emphasized, “Nobody can blame the parents. But we the society are responsible for this. Sibling incest may occur in a family system that does not provide a safe environment for its members. But it may also happen because of the lack of knowledge about safe sex. I am of the considered opinion that the Government should seriously think about the necessity of proper ‘sex education’ in schools and colleges … A good family atmosphere is necessary for the society. To attain this, every citizen of this country should join together without pelting stones at such unfortunate people.”

The bench has called for the formation of a committee, if required, to examine the inclusion of “safe sex education” in the curriculum of schools and colleges.

Emphasizing the lack of knowledge about safe sex as a contributing factor to the situation at hand, the court highlighted “As I said earlier, this happened because of the lack of knowledge about safe sex. Minor children are in front of ‘internet’ and ‘Google search’. There is no guidance for the children.”

A copy of the court’s order has been directed to be forwarded to the Chief Secretary of the State of Kerala for appropriate action.

In earlier proceedings, the court had initially permitted the medical termination of the minor girl’s pregnancy at seven months. However, it was informed in subsequent hearings that the minor girl had already given birth.

As a result, the court instructed the Child Welfare Committee to decide on the custody of the newborn child in accordance with the provisions of the Juvenile Justice Act.

The Child Welfare Committee informed the court that the newborn child had been surrendered to them and that the minor girl had been handed over to her uncle.

Considering this information, the court concluded that no further orders were required in the case and disposed of the matter. However, the court emphasized the importance of preventing such incidents from occurring again in the state.

““In light of the above orders, I think no further order is necessary. The Child Welfare Committee will take necessary consequential steps in accordance with the law. The protection of the newborn child is the duty of the state. These types of causalities shall not be there in our society in the future. The embarrassment of the parents and the victim girl cannot be imagined,” the bench stated.