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Supreme Court Issues Notice To Union & States On PIL Transgender-Inclusive Sexuality Education In School Textbooks
Amisha Shrivastava
1 Sept 2025 11:24 AM IST
The Supreme Court on Monday (September 1) issued notice to the Union and the State Governments on a PIL 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 State Councils of Educational Research and...
The Supreme Court on Monday (September 1) issued notice to the Union and the State Governments on a PIL 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 State Councils of Educational Research and Training (SCERTs).
A bench of Chief Justice BR Gavai and Justice K Vinod Chandran heard the matter.
Background
The petition cites non-compliance with binding directions of the Supreme Court in National Legal Services Authority v. Union of India and Society for Enlightenment and Voluntary Action v. Union of India.
It contends that NCERT and most SCERTs have failed to incorporate structured or examinable content on gender identity, gender diversity, and the distinction between sex and gender, despite the mandates of Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019.
The petition states that textbook reviews across Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed systemic omissions, with partial exceptions in Kerala. It contends that this exclusion violates Articles 14, 15, 19(1)(a), 21, and 21A of the Constitution and disregards Directive Principles under Articles 39(e)-(f), 46, and 51(c).
The petition highlights that the International Technical Guidance on Sexuality Education (ITGSE), published by UNESCO and WHO, provides a framework for CSE and was endorsed by the Supreme Court in its 2024 judgment.
It points out that despite policy documents, facilitator guides, and resource materials developed by NCERT since 2019, these have not been integrated into core textbooks.
The petition cites an RTI reply by NCERT dated May 7, 2025 RTI reply confirming it has not conducted teacher training on transgender-inclusive sexuality education.
The plea seeks directions to NCERT, SCERTs, and other authorities to incorporate scientifically accurate, age-appropriate, and transgender-inclusive CSE into examinable school syllabi nationwide.
It also seeks directions to the authorities to frame comprehensive and binding guidelines to ensure the effective implementation of gender sensitization and transgender-inclusive CSE across all educational institution, public and private, throughout the country.
Case no. – W.P.(C) No. 809/2025
Case Title – Kaavya Mukherjee Saha v. Union of India and Ors.