NCERT Withdrawing Transgender Children Inclusion Report Due To "Pressure Tactics" Unfortunate : Madras High Court

The Madras High Court has recently expressed its dismay and anguish on the taking down of National Council Of Educational Research And Training (NCERT) Report on gender non-conforming and transgender children from its Official Website. The report titled 'Inclusion of Transgender Children in School Education: Concerns and Roadmap' was taken down within hours of its publishing, owing to external pressure. "This Court is unable to understand the need for such a knee jerk reaction within hours of the material getting uploaded on the website. If someone really had a grievance, the same should have been addressed in a proper manner through proper consultation and meetings, and no one can be allowed to arm twist a State-run council into forcibly withdrawing a material that came out after a long study by a committee", the court expressed its reservations about the incident in a clear language. While examining the compliance reports that have been filed pursuant to a slew of guidelines in a judgment dated 7th June to ensure the protection of LGBTQIA+ persons in consensual relationships from police harassment, the court appreciated NCERT for formulating an action plan to accommodate gender non-conforming children. Steps were also devised for widespread sensitisation of teachers, and the sensitisation of parents and students through those teachers as well. "This is an important and very vital step since it is the teacher who acts as a bridge between the parent and the child", the court observed in the order. The court noted that to meet the ends of this ambition, NCERT had brought out a research material that was published on its official website. However, it was subjected to an unfortunate backlash. Therefore, the court noted as follows: "It is quite unfortunate that such an important development was nipped in the bud.This development only reminds this Court that a continuous follow-up is required to bring in changes in the prevailing education system." The court has also asked NCERT to submit a recommendation based on the report of the erstwhile committee on the next date of hearing. The court reasoned that the report of an expert body cannot be disregarded due to opposition from a few quarters that still hesitate to recognise the LGBTQIA+ Community. "The report of an expert body after a detailed study cannot be dumped just because a handful of persons are opposed to this very idea of recognising persons belonging to the Community. In a democratic country like India, discussions and consultations must form the basis for any policy and pressure tactics cannot be allowed to shut down any policy, and if such an attitude is encouraged, it poses a greater danger to the fabric of this nation. This Court therefore expects NCERT to come up with a status report on this issue before the next date of hearing", the court added to its observations about the committee report. NCERT has been asked to submit the status report on 23rd December. In the meantime, the court has also appreciated Tamil Nadu Government and DGP for moving forward with the draft amendment proposal to Tamil Nadu Subordinate Police Officer's Conduct Rules. The proposed Rule 24-C 'will be effectively instrumental in ensuring that the Community does not suffer harassment at the hands of any police officer', the court noted. The court has also endorsed the formulation of Transgender Policy and remarked that directions can be given to use a standardised guide containing the words and expressions to be used by the press and media while addressing persons belonging to the Community. Additionally, the court has also asked National Medical Commission(NMC) to seriously consider amending the Anti-LGBTQIA+ terminology in the CMBE curriculum, based on the draft modifications suggested by the petitioners.Case Title: S. Sushma & Anr. v Commissioner of Police & Ors.Case No: W.P.No.7284 of 2021Click Here To Read/ Download Order

NCERT Withdrawing Transgender Children Inclusion Report Due To "Pressure Tactics" Unfortunate : Madras High Court

Sebin James

"The report of an expert body after a detailed study cannot be dumped just because a handful of persons are opposed to this very idea of recognising persons belonging to the Community".

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