The court also expressed concern over the use of the term “disorder” in relation to gender identity disorder, emphasizing that there is no psychological disorder associated with being part of the LGBTQIA+ community. The court insisted that this misunderstanding must be rectified by implementing the necessary changes in the curriculum.
CHENNAI: The Madras High Court instructed the Union Ministry of Women and Child Development to implement a draft module created by the National Council of Educational Research and Training (NCERT) aimed at incorporating the concerns of transgender individuals into schooling processes.
In a ruling delivered on September 18, Justice N. Anand Venkatesh noted that the draft module was submitted to the Ministry two years ago, yet there has been no response.
“Significant effort has gone into developing this draft module, which addresses the integration of transgender persons in educational settings. The matter has been pending with the Ministry for an extended period. This module was intended to be operational for the current academic year, but since the year has already started, the Ministry has still not acted on NCERT’s draft. This Court urges the Ministry of Women and Child Development to demonstrate greater sensitivity to this issue and to take action on the submitted draft module,”
the High Court stated.
The Court emphasized that the Ministry must “give some priority” to the issue and implement the draft module in schools by January 6, 2025.
The court observed that the National Medical Commission had released an outdated and inaccurate curriculum regarding gender and sexuality. While this curriculum was subsequently withdrawn due to objections and a new version was published, the revised publication only addressed some of the issues.
The court also expressed concern over the use of the term “disorder” in relation to gender identity disorder, emphasizing that there is no psychological disorder associated with being part of the LGBTQIA+ community. The court insisted that this misunderstanding must be rectified by implementing the necessary changes in the curriculum.
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The court instructed the National Medical Commission to implement necessary changes and additions before the next hearing date and to submit a report on these actions. It also reaffirmed its stance on classifying conversion therapy as professional misconduct, insisting it be included in the regulations.
Regarding the Draft Transgender Persons (Protection of Rights) Rules, the Social Welfare and Women Empowerment Department reported that the draft policy had been circulated among various stakeholders for feedback.
A meeting of the Transgender Welfare Board, chaired by the Minister for Social Welfare and Women Empowerment, resulted in a resolution to hold district-level camps aimed at increasing transgender enrollment through an online mobile app.
Additionally, the court was informed that the Department is developing a separate policy for Sexual Minority Communities (LGBTQA+ individuals) and will send it to the Government for approval once finalized. It was also noted that, once approved, the policy will be translated into Tamil and made publicly available. The State requested an additional three months to finalize this separate policy, which the court granted.
Justice Venkatesh issued these directives in response to a plea from a lesbian couple seeking protection from their families. Throughout the proceedings, the Court has made multiple directives aimed at promoting the welfare of LGBTQIA+ individuals.
