The SC of India is taking a proactive stance on education, issuing notices to the Union government and several states regarding a petition that calls for the mandatory integration of age-appropriate, transgender-inclusive comprehensive sexuality education (CSE) into school curricula nationwide. This move comes after a 16-year-old Delhi student, Kaavya Mukherjee Saha, filed a petition highlighting the failure of educational bodies to implement a previous Supreme Court directive on this issue.
The Heart of the Petition
Kaavya Mukherjee Saha’s petition, argued by senior advocate Gopal Sankaranarayanan, contends that the National Council of Educational Research and Training (NCERT) and various State Councils of Educational Research and Training (SCERTs) have largely ignored a December 2024 Supreme Court order. This order emphasized that CSE is a “vital tool” in the fight against child marriage. The petition was filed after an RTI (Right to Information) query revealed that NCERT had “no information” on the introduction of such curriculum material.
Saha’s plea argues that the current educational framework lacks structured, examinable content on key topics like gender identity, gender diversity, and the distinction between sex and gender. This is despite a clear mandate under the Transgender Persons (Protection of Rights) Act, 2019. A review of textbooks from states like Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed a systemic omission of these themes, with Kerala being a partial exception.
The petition also draws on the International Technical Guidance on Sexuality Education (ITGSE) published by UNESCO and WHO, a framework previously endorsed by the Supreme Court. The petitioner’s main argument is that the current exclusion and misinformation in the curriculum perpetuate stigma and discrimination, thereby undermining the constitutional guarantees of dignity and equality for transgender individuals.
The 2024 Supreme Court Judgment and Its Directives
The current petition builds on a landmark judgment from December 2024, which stemmed from a 2017 public interest litigation. That verdict, delivered on a plea from the NGO Society for Enlightenment and Voluntary Action and activist Nirmal Gorana, sought to address the poor enforcement of the Prohibition of Child Marriage Act, 2006. The court had then directed that sexuality education must extend beyond reproductive health to include:
- Legal aspects of child marriage ⚖️
- Gender equality
- Physical and mental consequences of early marriage
The judgment mandated that the content be age-appropriate and culturally sensitive, empowering children to understand the importance of delaying marriage. It also required schools in high-incidence regions to dedicate textbook sections to legal protections and health risks.
Furthermore, the 2024 judgment included several other directives as part of a preventive strategy against child marriage:
- Display of posters and charts summarizing this information in schools, gram panchayats, and other public spaces.
- Mentorship and leadership programs for young girls to build skills and foster community participation.
- A formal reporting obligation where teachers and principals must immediately notify authorities if a girl student suddenly drops out, enabling timely intervention.