SC Seeks Centre’s Response on PIL for Transgender-Inclusive School Textbooks

New Delhi, Sept 1: The Supreme Court has issued notices to the Centre, NCERT, and six states—Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka—on a Public Interest Litigation (PIL) demanding the inclusion of transgender-inclusive comprehensive sexuality education (CSE) in school curricula and textbooks.

The bench, led by Chief Justice B R Gavai and Justice K Vinod Chandran, directed the authorities to file their responses within eight weeks. The PIL, filed by Class XII student Kaavya Mukherjee Saha, highlights the absence of structured, examinable content on gender identity, gender diversity, and the distinction between sex and gender in NCERT and SCERT textbooks, despite statutory obligations under the Transgender Persons (Protection of Rights) Act, 2019.

Allegations of Non-Compliance

The petition argues that NCERT and most state councils have failed to implement the Supreme Court’s binding directions from the 2014 NALSA v. Union of India judgment, which recognised transgender persons as a third gender. Textbook reviews across the six states reportedly show systemic omissions, with Kerala noted as a partial exception.

According to the plea, this exclusion violates fundamental rights, including the right to equality, and undermines the Directive Principles of State Policy. It emphasises that representation in school education is key to building inclusive classrooms and combating discrimination faced by transgender students.

Global Standards and Relief Sought

The petition references UNESCO and WHO’s International Technical Guidance on Sexuality Education, which outlines scientifically accurate and age-appropriate frameworks for CSE worldwide. It seeks directions to the Centre and states to adopt similar standards, mandating transgender-inclusive CSE across public and private schools in India.

Additionally, the PIL calls for binding guidelines to ensure effective implementation of gender sensitisation programmes and examinable sexuality education, moving beyond token references to genuine, structured learning opportunities.

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The matter will now move forward once responses from all concerned parties are filed before the court.