Notices issued to Centre, NCERT, and six states including Maharashtra and Tamil Nadu.
Petition cites non-compliance with SC’s NALSA judgment and 2019 Transgender Act.
Plea seeks “scientifically accurate, age-appropriate” CSE in all schools.
In response to a Public Interest Litigation (PIL) that aims to include transgender-inclusive comprehensive sexuality education (CSE) in school curricula, the Supreme Court on Monday requested comments from the Centre, NCERT, and six states, including Maharashtra.
According to PTI, Senior attorney Gopal Sankaranarayanan's arguments on behalf of the petitioner were noticed by a bench consisting of Chief Justice B R Gavai and Justice K Vinod Chandran. The bench served notices to the respondents for their responses within eight weeks.
Petitioner Kaavya Mukherjee Saha added Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka as parties to the case in addition to the Centre and National Council of Educational Research and Training (NCERT).
Saha, a Class XII student, filed a PIL calling for the inclusion of transgender-inclusive CSE in textbooks and school curriculum created by the State Councils of Educational Research and Training (SCERT) and the National Council for Technical Education (NCERT).
The motion claimed that in the NALSA v. Union of India case, the NCERT and the majority of SCERTs had disregarded the binding orders of the top court.
PTI reported that the councils allegedly failed to incorporate organized and examinable information on gender identity, gender diversity, and the difference between sex and gender into school curricula, despite their statutory requirements under Sections 2(d) and 13 of the Transgender Persons (Protection of Rights) Act, 2019.
According to reports, systemic omissions were found in textbooks from Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka, with Kerala being the only exception.
It claimed that the exclusion not only goes against the Directive Principles of State Policy but also fundamental rights including the right to equality.
PTI reported that it further said that UNESCO and the WHO's International Technical Guidance on Sexuality Education offers a universally recognised foundation for CSE.
A directive to the authorities to include "scientifically accurate, age-appropriate" and transgender-inclusive CSE in examinable school curricula across the country was sought in the plea.
Additionally, it asked for guidance on how to create legally binding rules that would guarantee the successful implementation of transgender-inclusive sexuality education and gender sensitisation in all Indian public and private educational institutions.
