Trans Rights: Plea in Supreme Court seeks inclusive sexuality education
The Supreme Court on Monday issued notice on a plea seeking to implement transgender-inclusive Comprehensive Sexuality Education (CSE) in alignment with international standards such as the UNESCO-WHO International Technical Guidance on Sexuality Education (ITGSE) framework.
A CJI Gavai led bench has sought a response from Union of India on a plea filed by 16-year-old Kaavya Mukherjee Saha.
"Issue notice, returnable in six weeks. In addition to the usual mode, liberty is granted to the petitioner(s) to serve notice through the Central Agency/Standing Counsel for the respondent(s)", the bench has ordered.
The Writ Petition under Article 32 of the Constitution of India seeks enforcement of binding directions issued by the Supreme Court in National Legal Services Authority vs. Union of India AIR (2014) SC 1863 and Society for Enlightenment and Voluntary Action v. Union of India (2024) SCC OnLine SC 2922.
"Despite statutory mandates under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019 which require inclusive education for transgender persons, National Council of Educational Research and Training (NCERT) and most State Councils of Educational Research and Training (SCERTs) have failed to incorporate any structured or examinable content addressing gender identity, gender diversity, or the distinction between sex and gender in school curricula", the plea states.
Court has further been told that a textbook review done by the petitioner across States including Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka confirms a systemic omission, with the partial exception of Kerala.
This exclusion is termed to be violative of Articles 14, 15, 19(1)(a), 21, and 21A, and disregards Directive Principles under Articles 39(e)-(f), 46, and 51(c), thereby perpetuating institutional erasure and reinforcing stigma.
"The transgender literacy rate in India remains significantly lower than the national average at only 57.06% compared to around 74% for the general population reflecting the cumulative impact of social exclusion and policy inaction", the petition states.
Stating that 23 States and Union Territories follow NCERT textbooks wholly or substantially, it has been argued that the absence of transgender-inclusive content has far-reaching implications for constitutional compliance and social justice.
The Petitioner, a Class XII student, has thus sought directions to NCERT, SCERTs, and relevant authorities to incorporate scientifically accurate, age- appropriate, and transgender-inclusive CSE into core syllabi and examinable textbooks across school systems, in conformity with constitutional guarantees, legislative mandates, and binding judicial precedent.
Case Title: KAAVYA MUKHERJEE SAHA vs. UNION OF INDIA & ORS.
Hearing Date: September 1, 2025
Bench: CJI Gavai and Justice K Vinod Chandran