NCERT Module To Integrate Transgender Concerns In School Curriculum Pending Since 2 Yrs, Show More Sensitivity: Madras HC To WCD Ministry

Justice N Anand Venkatesh remarked that a lot of effort had taken to prepare the draft module which provided for integrating the concerns of transgender persons in schooling processes. The court added that its initial objective was to make the module operational during the current academic year, the Ministry was yet to react on the same. The court thus said that the Ministry was expected to show more sensitivity to the issue.

“This Court expects the 24th respondent viz., the Ministry of Women and Child Development, to show more sensitivity to this issue and act upon the draft module submitted by NCERT. The 24th respondent must necessarily give some priority for this issue since it has been going back and forth for the last two years. Therefore, there shall be a direction to the 24 th respondent to act upon the draft module that has already been submitted by NCERT and to make it operational. It will enable the concerns of the transgender persons to be understood at the school level. Hence, this Court expects the 24th respondent to comply with the direction and report compliance during the next date of hearing,” the court observed.

The court was hearing a petition filed by one Sushma seeking police protection. The police has been issuing a slew of direction in the plea for the welfare of the members of the LGBTQIA+ community.

National Medical Commission Curriculum

The court also noted that the recently NMC had issued an outdated and inaccurate curriculum pertaining to gender and sexuality. The court also noted that though this curriculum was withdrawn and cancelled following objections and a fresh publication was made, the fresh publication only addressed some issues.

The court also found it unfortunate that the word 'disorder' was used in connection with gender identity disorder. The court reiterated that there was no psychological disorder involved in a person belonging to the LGBTQIA+ community and such a mistaken understating must be corrected by making appropriate changes in the curriculum.

“This Court has been urging right from the beginning that there is no psychological disorder involved in a person belonging to the LGBTQIA+ community and such a mistaken understanding must be corrected by making appropriate changes in the curriculum. Unfortunately, once again the work “disorder” has found its place even in the new curriculum and it has to be immediately removed,” the court said.

The court thus asked the NMC to make necessary changes and inclusions before the next date of hearing and asked it to file a report on the same. The court also reiterated its decision to incorporate conversion therapy as a professional misconduct and said that the same had to form part of the regulations.

Draft Transgender Persons (Protection of Rights) Rules

The Social Welfare and Women Empowerment Department that the draft policy had been circulated to various stakeholders of the department for opinion and remark. It was submitted that a Transgender Welfare board meeting was held under the Chairmanship of the Minister for Social Welfare and Women Empowerment Department wherein it was resolved to conduct camps at district levels to enhance enrolment of transgenders through an online mobile app.

The court was also informed that the Department was in the process of framing a separate policy for Sexual Minority Communities (LGBTQA+ persons) and once it was finalized, it would be sent to the Government for approval. It was also submitted that once the copy was approved, it would be translated into Tamil and published in the public domain. The State sought 3 more months to finalize the separate policy which the court agreed.

Case Title: S Sushma and another v Director General of Police and others

Case No: WP No. 7284 of 2021