A Landmark Step Toward Inclusive Education

On September 1, 2025, the Government of India, NCERT, and the education departments of six states- Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu, and Karnataka—were given formal notices by the Supreme Court of India in response to a Public Interest Litigation (PIL) filed by a Class XII student, Kaavya Mukherjee Saha.

The PIL demands that Comprehensive Sexuality Education (CSE) be taught in schools in an inclusive and transgender way—i.e., in examinable textbooks written by NCERT and SCERTs. The bench, headed by Chief Justice B.R. Gavai and Justice K. Vinod Chandran, is now waiting for answers within eight weeks.

The Heart of the Matter: Educational and Legal Imperatives

Prior Judgments and Constitutional Mandate

The petition underscores the lack of enforcement of binding constitutional mandates—such as NALSA v. Union of India (2014)—that acknowledged the rights of transgender people and demanded social awareness. Despite later legislative interventions such as the Transgender Persons (Protection of Rights) Act, 2019, textbook content remains disorganised on gender identity, gender diversity, and sex/gender differences.

Systemic Cross-State Omissions

An analysis of textbooks in several states showed a pervasive coverage gap—Kerala being an exception—indicating institutional insensitivity toward transgender-sensitive material.

The Breach of Fundamental Rights and Directive Principles

The PIL argues that the lack of transgender-inclusive CSE violates multiple constitutional provisions:

• Article 14: Equality and non-discrimination.

• Article 15: Equality and non-discrimination.

• Article 19(1)(a): Freedom of expression.

• Article 21: Right to life and free education.

• Article 21A: Right to free education.

It also contravenes Directive Principles, including Articles 39 (e)-(f), 46, and 51(c), which emphasise social justice and inclusiveness in education.

International Anchors

The PIL cites the UNESCO-WHO International Technical Guidance on Sexuality Education (ITGSE)—recommended by the Supreme Court in a 2024 judgment—as the global standard of CSE. While facilitator guides and policy documents exist, NCERT has incorporated none of this into textbooks.

By May 7, 2025, an RTI response confirmed that no training for transgender teachers had been conducted.

Why It Matters: Legal and Social Effects

Promoting Equality and Human Rights

Inclusion of CSE, if ordered by the Supreme Court, would uphold constitutional principles by ensuring that the rights of transgender and gender-diverse students are reflected in educational discourse.

Elucidating the Scope of Judicial Oversight

To what extent does a court have a say in the content of education? This case tests judicial prerogative in guiding curricular changes—particularly where legislation or policy execution falls short of constitutional requirements.

Formulation of Future Policy and Implementation

A positive verdict would oblige NCERT/SCERTs to draft binding policies, initiate teacher training, and revise syllabi nationally. Judicial initiative of this kind could model inclusion of other marginalized groups in curricula.

Making the Marginalised Voices Count

Student petitions, such as Kaavya’s, signal a trend: young people are demanding publicly-funded institutions reflect social diversity. Educators and lawyers must be prepared to advocate this in legal and policy systems.

Placing India in the Legal Environment

This is not the first such PIL:

• NALSA v. Union of India (2014): Affirmed the right to self-identify gender as the third gender and required inclusive social measures.

• S Sushma v. Commissioner of Police (Madras HC, 2021): Declared the deletion of a transgender-inclusive guide by NCERT a mistake, stressing the need for inclusive curricula.

This PIL builds on these precedents by formally demanding enforceable educational reform.

What Lies Ahead: From Notice to Reform

Reactions in Eight Weeks

The Union government, NCERT, and states must explain why transgender-inclusive CSE has not been introduced and outline any integration plans.

Possible Provisional Guidelines

The Court may issue interim measures to prevent unfair delays, possibly directing inclusion in certain grades or regions before nationwide rollout.

Long-Term Institutional Change

A definitive decree could trigger system-wide reform: upgrading curricula, teacher training, and accountability measures, ensuring CSE becomes an inseparable part of examinable standards.

Concluding Thoughts

This case signals a potential paradigm shift in Indian education: a single student’s demand could catalyse a national overhaul of curricula, making schools genuinely inclusive, rights-oriented, and aligned with the constitutional promise of equality and dignity.

As the Supreme Court process unfolds, the legal community’s focus must rest not only on the merit of law but also on its transformative potential—reshaping how India educates its future generations.