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The Madras High Court on Tuesday expressed shock over the National Council of Educational Research and Training (NCERT) having been forced to pull down from its website a teaching manual aimed at sensitising school teachers and administrators towards addressing the needs of transgender children and those with binary identities. Justice N. Anand Venkatesh, had taken up a case to provide recognition to Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and such other (LGBTQIA+) community in all walks of life.

NCERT had come up with an Action Plan to sensitise school teachers, making them aware and preparing them to accept and handle gender non-confirming children, citing that it is the teacher who acts as a bridge between the parent and the child. With this in mind, NCERT brought out the material after a thorough research by a Committee set up in this regard.

However, in what Justice Venkatesh calls “a very shocking development,” the material that was posted on the official website of NCERT was taken down within hours of its publication. It is submitted that the move was owing to pressure that was exerted from some quarters. Some press reports stated that the concerned persons who had developed this material were even transferred out to other Departments.

Justice Venkatesh observed that “sensitisation has to start from schools and the home, and without family support, children belonging to this Community will never be able to get support elsewhere. Parents who are ignorant about this issue can be sensitised only by the teachers.”

Observing that no one can be allowed to arm twist a State-run council into forcibly withdrawing a material that came out after a long study by a Committee, the Court expressed its disbelief to such a knee jerk reaction within hours of the material getting uploaded on the website.

"If someone really had a grievance, the same should have been addressed in a proper manner through proper consultation and meetings,” the Court said.

The Court ordered NCERT to come up with a status report on the issue before the next date of hearing. “This Court hopes that the NCERT understands the concern expressed by this Court and the NCERT is expected to come up with their recommendation based on the report submitted by the Committee,” the Court stated.

“It is quite unfortunate that such an important development was nipped in the bud. This development only reminds this Court that a continuous follow-up is required to bring in changes in the prevailing education system. The report of an expert body after a detailed study cannot be dumped just because a handful of persons are opposed to this very idea of recognising persons belonging to the Community. In a democratic country like India, discussions and consultations must form the basis for any policy and pressure tactics cannot be allowed to shut down any policy, and if such an attitude is encouraged, it poses a greater danger to the fabric of this nation,” the Court concluded.

In the order, the Court has asked the National Medical Commission (NMC) to amend the Anti-LGBTQIA+ terminology in the CMBE curriculum, based on the draft modifications suggested by the petitioners. Further, the Court recognized the formulation of Transgender Policy and stated that directions can be given to use a standardised guide containing the words and expressions to be used by the press and media while addressing persons belonging to the Community.

The Court also commended the state of Tamil Nadu and DGP for setting up the draft amendment proposal to Tamil Nadu Subordinate Police Officer's Conduct Rules. The proposed Rule 24-C 'will be effectively instrumental in ensuring that the Community does not suffer harassment at the hands of any police officer', the Court noted.

Cause Title: S. Sushma & Anr vs Commissioner of Police & Ors