SC issues notice on PIL for implementing Comprehensive Sexuality Education in schools

New Delhi, Sep 1 (IANS) The Supreme Court on Monday agreed to examine a public interest litigation (PIL) seeking a direction to the NCERT and SCERTs (State Councils of Educational Research and Training) to implement transgender-inclusive Comprehensive Sexuality Education (CSE) in schools across the country.

Issuing notice, a bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran sought responses from the Centre, NCERT (National Council of Educational Research and Training) and state governments of Maharashtra, Andhra Pradesh, Telangana, Punjab and Tamil Nadu, and Karnataka in the matter.

The plea, filed by a Class 12 student, highlighted that despite statutory mandate under the Transgender Persons (Protection of Rights) Act, 2019, and apex court directions, school curricula fail to include any structured content addressing gender identity, gender diversity, and the distinction between sex and gender.

The petitioner’s review of textbooks across states, including Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka, "confirms a systemic omission, with the partial exception of Kerala".

"This exclusion violates Articles 14, 15, 19(1)(a), 21, and 21A, and disregards Directive Principles under Articles 39(e)-(f), 46, and 51(e), thereby perpetuating institutional erasure and reinforcing stigma," contended the plea.

It added that the transgender literacy rate in India is only 57.06 per cent, significantly below the national average of around 74 per cent, reflecting the cumulative impact of social exclusion and policy inaction.

"Given that 23 states and Union Territories follow NCERT textbooks wholly or substantially, the absence of transgender-inclusive content has far-reaching implications for constitutional compliance and social justice," stated the plea, filed through advocate Anil Kumar.

The petitioner, Kaavya Mukherjee, urged the apex court to direct the NCERT, the SCERTs, and other relevant authorities to incorporate "scientifically accurate, age-appropriate, and transgender-inclusive CSE into core syllabi and examinable textbooks across school systems, in conformity with constitutional guarantees, legislative mandates, and binding judicial precedent".

--IANS

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