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Synopsis

The Madras High Court, in a recent order dated September 18, 2024, addressed significant issues concerning the transgender community and the progress of creating a trans-sensitive curriculum.

Justice N. Anand Venkatesh, while reviewing the ongoing efforts of various governmental and educational bodies, raised concerns about the slow progress of policy formulation and urged authorities to expedite their actions.

A primary concern was the delay in finalizing the draft module for integrating transgender issues into the school curriculum. The module, submitted by NCERT, has been pending approval from the Ministry of Women and Child Development for over two years.

Court expressed dissatisfaction with the lack of urgency in implementing the module, which was supposed to be introduced in the current academic year.

Justice Venkatesh emphasized the importance of educating students on transgender issues at the school level to foster a more inclusive environment. He directed the Ministry to act swiftly and report back by the next hearing.

Court also took note of the National Medical Commission (NMC)’s outdated curriculum on gender and sexuality issues. It was observed that the recently published medical curriculum, dated August 29, 2024, contained outdated and inaccurate terms, particularly the reference to “Gender Identity Disorder.”

Justice Venkatesh stressed that such terminology was not only incorrect but also harmful. Court called for immediate removal of the word “disorder” from the curriculum. Court directed the NMC to submit a report by the next hearing, detailing the changes made to rectify these inaccuracies.

In addition to this, court discussed the issue of conversion therapy, a controversial practice aimed at changing an individual's sexual orientation or gender identity. Conversion therapy had previously been flagged as professional misconduct, and court reiterated that it must be explicitly included in the 2023 regulations being finalized by the NMC.

On the matter of enlisting Non-Governmental Organizations (NGOs) working for the welfare of the LGBTQIA+ community, court said that no further extensions will be granted for enlisting NGOs and Community-Based Organizations (CBOs). With a substantial number of NGOs/CBOs already registered, the process is currently closed.

Court directed the authorities to verify the registered organizations and ensure they are genuinely working on LGBTQIA+ issues. If there are any unregistered organizations still working for the cause, the court will issue instructions to reopen the portal for their registration.

The state government requested a three-month extension to complete the framing of a separate policy aimed at uplifting transgender persons, which was granted by the court. This policy is expected to include provisions for reservations and other benefits in public employment and education.

Justice Venkatesh, however, emphasized that no further extensions would be granted and expressed confidence that the policy would be finalized within the allotted time.

Court posted the matter on January 6, 2025, for the next hearing where the court expects compliance reports from the NCERT, NMC, and the Ministry of Women and Child Development regarding the various issues raised.

Case Title: Mrs. S.Sushma and Another v. Director General of Police and 4 others