On 1st September 2025, the Supreme Court, while hearing a Public Interest Litigation (PIL) filed by a Class 12 student, issued notice to the Union Government, the National Council of Educational Research and Training (NCERT), and the state governments of Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu and Karnataka, seeking responses on the implementation of transgender-inclusive Comprehensive Sexuality Education (CSE) in schools.
The Petitioner prayed for the issue of an appropriate writ directing the Respondents to incorporate age-appropriate transgender-inclusive Comprehensive Sexuality Education in school curriculum, including in school textbooks. Additionally, the Petitioner sought directions to the Respondents to frame comprehensive and binding guidelines to ensure the effective implementation of gender sensitization and said transgender-inclusive CSE across all educational institutions, public and private, throughout the country.
The Petitioner contended that despite the Apex Court’s judgment in NALSA v. Union of India (2014), and statutory obligations under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019, NCERT and most SCERTs have failed to comply with binding directions. As per the petition, textbook reviews conducted across Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka revealed systemic omissions in this regard.
The Petitioner further submitted that this exclusion violates Articles 14, 15, 19(1)(a), 21, and 21A of the Constitution, and fails to take into account Directive Principles of State Policy, under Articles 39(e), 39(f), 46, and 51(c). Additionally, the Petitioner cited the International Technical Guidance on Sexuality Education (ITGSE), published by UNESCO and WHO, which was endorsed by the Supreme Court in a 2024 judgment as providing a comprehensive framework for CSE.
Relying on an RTI reply dated 7th May 2025, the Petitioner pointed out that NCERT has not conducted any teacher trainings on transgender-inclusive sexuality education.
The Division Bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran took note of the submissions advanced by the Petitioner, and issued notice to the Respondents, seeking their response within six weeks.
This is an ongoing matter, and we are keeping track of further developments.
Written by Adv. Prerna Murarka
