7. NCERT Submission on Transgender Inclusion and Gender Education

In a significant legal development, the National Council of Educational Research and Training (NCERT) submitted a counter-affidavit to the Supreme Court (February 2026), outlining its measures to integrate transgender concerns into the Indian schooling system. The submission follows a petition seeking mandatory inclusion of transgender-inclusive comprehensive sexuality education (CSE) in school curricula.• Distinction between Sex and Gender: NCERT’s primary defense rests on its teacher training modules which explicitly define Sex as a biological construct (chromosomes, hormones, anatomy) and Gender as a social construct (socially determined roles, behaviors, and identities). • Teacher Training Focus: The Council has shifted focus toward capacity-building for educators. It reported training 38 teachers across nine states in late 2025 to act as master trainers for district-level sensitization on transgender issues. • Implementation Gap in Textbooks: While training modules exist, petitioners highlighted that current textbooks (e.g., Class 8 Science) still treat reproduction in purely biological/binary terms without incorporating the social nuances of gender identity. • Institutional Framework: NCERT has proposed a nationwide network of training sessions for 2026, specifically targeting the daily challenges—such as bullying and social exclusion—faced by transgender students in school environments. • Legal Standing of CSE: The petition argues that the 2014 NALSA judgment, which mandated the integration of HIV/sexuality education and third-gender recognition into curricula, remains largely unimplemented at the textbook level. • Proposed Infrastructure Changes: Beyond curriculum, NCERT’s manual \'Integrating Transgender Concerns in Schooling Processes\' suggests gender-neutral uniforms and safe washroom facilities to prevent gender-based violence. KEY DEFINITIONS FOR EXAM PERSPECTIVE • Sex: Refers to the biological attributes of humans and animals, including physical characteristics like genitalia, reproductive organs, and chromosomes. • Gender: Refers to the socially constructed roles, behaviors, expressions, and identities of girls, women, boys, men, and gender-diverse people. • Comprehensive Sexuality Education (CSE): A curriculum-based process of teaching and learning about the cognitive, emotional, physical, and social aspects of sexuality. • Transgender: An umbrella term for persons whose gender identity, gender expression, or behavior does not conform to that typically associated with the sex to which they were assigned at birth. CONSTITUTIONAL AND LEGAL PROVISIONS • Article 14 & 15: Guarantees Equality before law and prohibits discrimination on grounds of \'sex.\' The SC in the NALSA case (2014) ruled that \'sex\' includes \'gender identity.\' • Article 21: The Right to Life and Liberty includes the Right to Dignity and the right to self-identify one\'s gender.• Transgender Persons (Protection of Rights) Act, 2019: Section 13 mandates that educational institutions provide inclusive education and opportunities for transgender persons without discrimination. • NALSA vs. Union of India (2014): A landmark judgment that recognized the \'Third Gender\' and directed the government to treat them as Socially and Educationally Backward Classes

 (SEBC).SUMMARY TABLE: SEX VS. GENDER (NCERT MODULE)

CONCLUSION The NCERT’s submission marks a step toward \'sensitizing the sensitizers\' (teachers). However, the friction between training modules and actual textbooks remains a challenge for the Indian education system. For a truly inclusive environment, the transition from biological \'sex\' to a broader understanding of \'gender\' must move from teacher manuals into the hands of students through updated, inclusive textbooks. UPSC RELEVANCE • GS Paper I: Social Issues (Gender, Transgender rights, and Society); Population and associated issues. • GS Paper II: Governance (Education policy, NCERT\'s role); Judiciary (Landmark SC judgments like NALSA); Social Justice (Vulnerable sections). • GS Paper IV: Ethics (Empathy, Inclusivity, and Human Values in education).