Towards Equality: Why transgender-inclusive education must enter Indian schools

A historic petition, with promise

A decisive public interest litigation (PIL) filed in the Supreme Court has placed a long-neglected issue at the centre of India’s educational debate: the absence of scientifically accurate, transgender-inclusive sexuality education in school textbooks.

The petition, spearheaded by Kaavya Mukherjee Saha, a Class XII student, does not merely challenge outdated institutional frameworks — it calls for a comprehensive overhaul of curricula designed by the National Council of Educational Research and Training (NCERT) and State Councils of Educational Research and Training (SCERTs).

In response, the Supreme Court promptly issued notices to the Centre and six state governments — Maharashtra, Andhra Pradesh, Telangana, Punjab, Tamil Nadu and Karnataka — underscoring the urgency of the matter. At a time when conversations around equity and representation are reverberating worldwide, this litigation could become a watershed moment in shaping how Indian schools approach gender diversity.

The legal and statutory backdrop

The petition draws strength from binding precedents and statutory mandates. It cites the 2014 NALSA vs Union of India judgement, where the Supreme Court recognised transgender persons as a third gender and directed governments to ensure institutional inclusion.

Equally significant is the Transgender Persons (Protection of Rights) Act, 2019. Sections 2(d) and 13 mandate inclusivity in education, requiring institutions to create curricula and methods that reflect gender diversity.

Yet, the PIL argues, these provisions remain largely ignored.

Audits of school textbooks show systematic omissions across states. While Kerala has made limited progress, most others fail to mention transgender identities meaningfully or provide teachers with sensitivity training. The result, the petition contends, is a gaping disconnect between law and classroom reality.

Beyond laws: Why inclusion matters

The absence of transgender representation in education is not a matter of oversight — it has profound consequences. According to the plea, such exclusion violates constitutional guarantees of equality (Article 14), non-discrimination (Article 15), freedom of expression (Article 19), and the right to life and education (Articles 21 and 21A).

But the case is not only about rights on paper.

Without inclusive, accurate education, schools risk perpetuating harmful stereotypes, encouraging bullying and reinforcing the social ostracism transgender students already face. As the petitioner’s counsel stressed, true reform requires “structured, examinable content” — not token mentions or optional addenda. Only when curricula embed gender diversity meaningfully can schools foster empathy, respect, and critical understanding among students.

What comprehensive sexuality education should deliver

At the heart of the PIL is a call for comprehensive sexuality education (CSE) that is age-appropriate, scientifically validated and informed by international benchmarks. UNESCO and the WHO’s International Technical Guidance on Sexuality Education provides such a framework, recommending curricula that address gender, sexuality, relationships and respect in a sensitive and staged manner. The petition urges Indian policymakers to adopt these global best practices, highlighting three key areas:

• Curricular reform that integrates transgender-inclusive content across subjects.

• Mandatory teacher training to ensure educators are equipped to handle sensitive discussions.

• Binding guidelines applicable to both public and private schools.

Evidence of systemic omissions

Textbook reviews across the six states named in the PIL reveal an alarming vacuum. References to transgender lives, rights, or histories are either non-existent or superficial.

In May 2025, a Right to Information (RTI) reply from NCERT confirmed that no teacher training programmes on transgender-inclusive sexuality education had been conducted to date. This silence has dual consequences. Transgender students are denied affirmation and essential knowledge about their identities, while their cisgender peers grow up without the tools to become allies. A generation of young Indians, the petition argues, is being educated with dangerous blind spots around gender diversity.

Judicial response: A turning point

The Supreme Court’s decision to seek responses from both the Centre and the six states suggests a recognition of the issue’s Constitutional gravity. The coming months will likely see intense debate involving educators, civil society groups, policymakers and the judiciary.

Should the court uphold the PIL’s demands, schools across India could soon see exam-oriented, transgender-inclusive content, alongside guidelines for effective teaching. Such an outcome would not only reform classrooms but also reaffirm the judiciary’s role in advancing social justice through education.

The stakes: Rights today, progress tomorrow

The urgency of the matter cannot be overstated. Today’s students will become tomorrow’s professionals, policymakers, and leaders. The biases they absorb — or the empathy they learn — are shaped directly by the education system.

For transgender students, inclusive curricula are not merely symbolic; they are a matter of dignity, health and equal opportunity. For society at large, they represent a chance to move towards a culture of acceptance rather than prejudice.

In essence, this debate is not about isolated reforms. It is about defining what kind of future India wants to build — one where diversity is silenced, or one where it is celebrated.

Towards a new educational ethos

This PIL resonates beyond its immediate legal demands. It challenges Indian society to rethink the ethos of its education system. True reform, it argues, must reflect the diversity and complexity of all children. This requires not just curriculum changes but also societal support — from parents, teachers and communities — to create schools that are safe and empowering for every student.

If successful, this litigation could provide a global model for inclusive education, demonstrating how courts, policymakers and educators can work together to transform classrooms into spaces of empathy and empowerment.

The road ahead: Classrooms as beacons of inclusion

As the Supreme Court deliberates, the nation watches closely. Responses from governments, curriculum reviews and judicial directions will shape the trajectory of this case. Whatever the verdict, the petition has already succeeded in one crucial respect: it has forced a long-overdue conversation into the mainstream. The silence around transgender representation in schools can no longer be ignored.

At its core, this litigation is not about textbooks alone. It is about whether India’s education system can rise to the Constitutional promise of equality and dignity for all citizens. By embedding transgender-inclusive sexuality education into classrooms, India has the opportunity to ensure that schools are not sites of silence but beacons of acceptance, empowerment and progress.

The challenge is immense, but so is the possibility. As this PIL reminds us, the future of India’s classrooms — and by extension, its democracy — depends on whether every child can learn in an environment that respects and affirms their identity.

Hasnain Naqvi is a former member of the history faculty at St Xavier’s College, Mumbai. More of his writing can be read here