The Supreme Court of India has sought responses from the National Council of Educational Research and Training (NCERT) and State Councils of Educational Research and Training (SCERTs) regarding the implementation of comprehensive sexuality education (CSE) in textbooks, specifically focusing on transgender-inclusive content. This action follows a Public Interest Litigation (PIL) filed by a Class 12 student from Delhi. The PIL highlights the absence of transgender-inclusive content in NCERT and SCERT textbooks, arguing that this omission deprives students of accurate and sensitive information crucial for fostering understanding and inclusivity.
The petition asserts that the current curricula across several states, including Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka, have systemic gaps. Kerala is noted as a partial exception. These gaps pertain to the lack of structured or examinable content on gender identity, gender diversity, and the distinction between sex and gender. The petitioner argues that this violates Articles 14, 15, 19(1)(a), 21, and 21A of the Constitution, as well as Directive Principles under Articles 39(e)-(f), 46, and 51(c).
The petition emphasizes non-compliance with previous Supreme Court directions in cases like National Legal Services Authority v. Union of India and Society for Enlightenment and Voluntary Action v. Union of India. It also refers to Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, which mandate the inclusion of transgender perspectives.
The PIL seeks several directives:
The petitioner also points out that despite policy documents, facilitator guides, and resource materials developed by NCERT since 2019, these have not been integrated into core textbooks. An RTI reply from NCERT indicated that it has not conducted teacher training on transgender-inclusive sexuality education.
Gender-inclusive education is a teaching approach that ensures equitable learning opportunities for students of all genders. It aims to create an environment where everyone, regardless of their gender, can excel, express themselves freely, and be treated with respect. This approach challenges traditional gender roles and stereotypes, encouraging students to engage with one another as equals and to value diversity. Studies show that gender bias is internalized early, leading to disparities in educational opportunities and career choices.
Integrating gender sensitivity into the curriculum is crucial for challenging stereotypes and promoting inclusivity. This includes reviewing learning materials to eliminate gender bias and training teachers to identify and address their own biases.
The National Education Policy (NEP) 2020 aims to eliminate gender discrimination, close the gender gap, and boost female literacy rates. It focuses on developing policies and programs for female students from socioeconomically disadvantaged backgrounds. However, some critics note that the NEP only includes the word "gender" sparingly and lacks a detailed plan of action for achieving its goals related to gender inclusion.
Despite progress in reducing gender discrimination in education, significant gaps persist. Girls are less likely to remain in school as they move to higher education levels, and gender disparities remain in enrollment ratios and learning outcomes, particularly in STEM fields. Cultural norms, child marriage, poverty, and inadequate infrastructure continue to be barriers for girls' education.
The Supreme Court's intervention underscores the critical need for educational reforms that promote gender equality and inclusivity. By seeking responses from NCERT and SCERTs, the court is taking steps to ensure that educational materials and practices align with constitutional principles and the rights of all students, including transgender individuals.
