By Shaurya Mahajan.

On September 18, the Madras High Court issued a directive to the Union Ministry of Women and Child Development to implement a draft module prepared by the National Council of Educational Research and Training (NCERT) aimed at integrating the concerns of transgender persons into schooling processes. The Court noted that this draft module had been submitted to the Ministry two years prior but had yet to receive a response.

This order arose from a case initiated by a plea from a lesbian couple seeking protection from their families. Throughout the proceedings, the Court has issued several directives aimed at promoting the welfare of LGBTQIA+ individuals, reflecting its commitment to advancing rights and inclusivity in educational settings. The Court highlighted the considerable effort invested in developing the draft, which is intended to make the schooling process more inclusive for transgender individuals. It expressed concern that the Ministry’s lack of action on the matter was delaying its operationalization, particularly as the academic year had already commenced. The Court underscored the need for the Ministry to demonstrate greater sensitivity towards the issue and prioritize the implementation of the draft module.

In light of the circumstances, the Court mandated that the Ministry must act upon the NCERT draft module and ensure its implementation in schools by January 6, 2025. The Court scheduled a follow-up hearing on that date to assess the progress made.

[Case Name – S. Sushma v DGP, Citation: W.P. No. 7284 of 2021.]

Click here to view the Judgement