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Madras HC Slams NCERT’S Removal of Transgender-Inclusive Manual within hours

Transgender Persons (Protection of Rights) Act, 2019

Munmun Kaur-

Published On: December 09, 2021 at 14:25 IST

In October 2021, the National Council of Educational Research And Training (NCERT) published a Report on gender non-conforming and Transgender children titled “Inclusion of Transgender Children in School Education: Concerns and Roadmap”. But quite disappointingly the report was taken down within hours from its publishing due to external pressures.

Madras High Court while slamming NCERT said, “This Court is unable to understand the need for 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, and 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 observed the efforts of NCERT devised to sensitize the teachers and through them, the parents and the students as they act as a bridge between parents and students.

While acknowledging the backlash that NCERT received, the Court observed “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 Court while noting that report by the expert body cannot be disregarded over backlash from a faction, asked NCERT to submit a recommendation based on the report of the erstwhile committee on the next date of hearing.

“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. This Court therefore expects NCERT to come up with a status report on this issue before the next date of hearing”