The Supreme Court has sought responses from the Union government, NCERT, and several States regarding the integration of transgender-inclusive sexuality education in school curricula.
A Bench of CJI Bhushan R. Gavai and Justice K. Vinod Chandran issued the notice following a petition by Kaavya Mukherjee Saha.
The petition highlights the non-implementation of the Supreme Court’s 2014 judgment in National Legal Services Authority v Union of India regarding comprehensive sexuality education.
NCERT admitted via RTI that it has “no information” on the introduction of transgender-inclusive material in its curriculum.
Detailed Insights:
The petition alleges that NCERT and most SCERTs have failed to include examinable modules on gender identity, gender diversity, and the distinction between sex and gender.
This failure is a violation of Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, which mandates the inclusion of transgender perspectives.
Textbook reviews from multiple states including Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka reveal systemic omissions in sexuality education.
The petitioner argues that these omissions violate the right to equality and undermine the Directive Principles of State Policy enshrined in the Constitution.
Key Concepts Involved:
Comprehensive Sexuality Education: Education encompassing gender identity, diversity, and distinction between sex and gender.
Gender Sensitization: The process of understanding and addressing gender-based discrimination and promoting gender equality.
Transgender-inclusive perspective: Incorporating the experiences, rights, and needs of transgender individuals in policies and practices.