On Monday, the Supreme Court issued notice to the Union and State Governments in response to a Public Interest Litigation (PIL) filed by a Class XII student seeking directions for the inclusion of transgender-inclusive Comprehensive Sexuality Education (CSE) in school curricula and textbooks prepared by the National Council of Educational Research and Training (NCERT) and respective State Councils of Educational Research and Training (SCERTs).
The matter was heard by a Bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, which agreed to examine the plea.
The petition underscores the alleged failure of NCERT and most SCERTs to comply with binding directions of the Supreme Court in National Legal Services Authority v. Union of India (NALSA) and Society for Enlightenment and Voluntary Action v. Union of India. It contends that despite the statutory mandate under the Transgender Persons (Protection of Rights) Act, 2019, educational authorities have not incorporated structured or examinable content on gender identity, gender diversity, or the distinction between sex and gender into mainstream curricula.
Reviews of school syllabi in states such as Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed systemic omissions, with Kerala standing as a partial exception. According to the petitioner, this exclusion violates the constitutional guarantees under Articles 14, 15, 19(1)(a), 21, and 21A, while simultaneously disregarding Directive Principles under Articles 39(e)-(f), 46, and 51(c).
The plea further highlights that the International Technical Guidance on Sexuality Education (ITGSE), developed by UNESCO and the WHO, provides a globally recognized framework for CSE and was endorsed by the Supreme Court in a 2024 judgment. Despite NCERT publishing facilitator guides and policy documents since 2019, these materials have not been integrated into examinable textbooks.
An RTI response from NCERT dated May 7, 2025, is also cited, confirming that teacher training on transgender-inclusive sexuality education has not been undertaken.
The petitioner has urged the Court to direct NCERT, SCERTs, and other authorities to ensure the incorporation of age-appropriate, scientifically accurate, and transgender-inclusive CSE into examinable syllabi nationwide. The plea also seeks binding guidelines for gender sensitization and mandatory adoption of inclusive sexuality education across both public and private schools to uphold constitutional protections and align with international standards.
The matter will now proceed for further hearing following the issuance of notices to the Union and State Governments.
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