Plea In SC Seeks Transgender Inclusive Sex Education In Schools

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The Supreme Court of India on Monday admitted a public interest litigation seeking the inclusion of transgender-inclusive sex education in school curricula nationwide.

The petition has been filed by Kavya Mukherjee Saha, a Class 12 student of Delhi’s Vasant Valley School, who has raised concerns about the absence of gender-sensitive and transgender-inclusive content in school textbooks.

Plea Highlights Gaps In Education

According to the petition, the NCERT and several state education boards (SCERTs) have failed to integrate transgender-inclusive Comprehensive Sexuality Education (CSE) despite statutory obligations under the Transgender Persons (Protection of Rights) Act, 2019.

Saha’s plea notes that the 2014 Supreme Court judgment in National Legal Services Authority v. Union of India (NALSA case) had issued binding directions to ensure gender sensitisation and inclusive education. However, the directions remain largely unimplemented.

Findings From Textbook Review

The petitioner undertook a review of school textbooks across states including Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka. The review, she contends, revealed a systemic omission of transgender-inclusive content, with the partial exception of Kerala, which has made some progress in this regard.

“This exclusion violates fundamental rights under Articles 14, 15, 19(1)(a), 21, and 21A, and disregards Directive Principles under Articles 39(e)-(f), 46, and 51(c), thereby perpetuating institutional erasure and reinforcing stigma,” the petition argues.

Court Issues Notice

After hearing submissions from the petitioner’s counsel, a bench led by Chief Justice of India B R Gavai issued notices to the Central Government, NCERT, and six states seeking their response.

The PIL urges the Court to direct the authorities to:

Incorporate age-appropriate, transgender-inclusive CSE in all school curricula and textbooks.
Frame binding guidelines for gender sensitisation across educational institutions in India.

Why It Matters

The plea underscores the role of education in dismantling stigma and ensuring equality. By excluding transgender-inclusive content, the current system, the petitioner argues, leaves young people without the tools to understand gender diversity, while also marginalising transgender communities further.