In India, Section 377 of the Indian Penal Code which criminalised homosexuality, was repealed in 2018. This judgment was welcomed by a large section of society, however, there is still more work to be done to create full awareness of gender equality in all parts of society, and that no one should be barred from enjoying their rights based on gender. Educating people about accepting everyone as they are, and making society inclusive, should begin at a young age as it helps remove the learnt stigma associated with different genders. To make Indian schools inclusive, the National Council for Educational Research and Training (NCERT) released a manual for teachers to teach the students about accepting people who do not identify with the gender binary and provided several ways to make school gender inclusive.
INDIA RECOGNISES A “THIRD GENDER”
The landmark NALSA Vs. Union of India & Ors. decision in 2014 was a significant step in India’s pursuit of gender equality. This decision classified transgender people as a “third gender” and granted them fundamental rights under the Indian Constitution which were previously only available to people who identified themselves as “male” or “female”. Furthermore, the judgment made numerous provisions to increase transgender people’s representation in society by creating carved out reservations in educational and employment institutions.
The judgment focused on the societal aspects of recognising the ”third gender” and raising awareness that those individuals who do not fit within the gender binary belong to society in the same way as people of the gender binary do. The court outlined several provisions for them to exercise their fundamental rights in areas such as healthcare, education, and employment. The judgment recommended that schools should be made mo
re gender-inclusive by introducing gender-neutral uniforms and building gender-neutral toilets. However, it is not clear whether these recommendations are being implemented.
Despite the NALSA judgement reiterating the LGBTQ community’s equal rights, they still face discrimination as a result of gender stereotyping and stigma. The only way to stop this is through education. NCERT took the initiative to educate teachers, vis-à-vis students, to become more accepting towards the LGBTQ community.
TRANSGENDER CHILDREN INCLUSION MANUAL
The NCERT released a manual titled “Inclusion of Transgender Children in School Education: Concerns and Roadmap” to help teachers accept all genders in the school. The manual addressed LGBTQ rights in various ways, intending to make school a safe space for transgender students. It provided various steps to eliminate the inequality in schools, including gender-neutral toilets and uniforms, guest lectures by members from the LQBTQ community, and other measures to make schools more inclusive.
The draft manual was released for feedback and comments before releasing the manual was finalised. But recently NCERT deleted the manual from the website after facing some serious criticism. Several groups of people had misinterpreted the content, and then began questioning the legitimacy of the manual.
The manual received a lot of criticism as people questioned the legitimacy of members on the committee who created the manual. Others questioned the authority of the teachers to discuss such matters with students, and also stated that implementing the provisions in the manual could cause more trauma because of differing environments for students compared to in their homes.
FUTURE OF GENDER INCLUSIVITY IN SCHOOLS
Making schools inclusive is necessary because it would help to make society in general more inclusive. Teachers are well-positioned to help students understand the sensitivity and importance of gender equality, and create a gender-neutral environment that includes everyone and eliminates gender stereotyping. Schools are an important space if a welcoming and accepting environment can be created for each student to express themselves freely without the fear of being judged.
The manual was in line with the Indian government’s National education policy 2020 which aimed to make educational spaces gender-inclusive and also uphold the fundamental right of the LGBTQ community to live with dignity under article 21 of the Indian Constitution. Despite the criticisms of the manual, and that the draft was deleted by NCERT, the creation of the manual was still a step towards making schools a gender-inclusive space. It is hoped that further steps like this can be taken within education to remove stigma against the LGBTQ community, which would extend into wider society.
Nishka Kapoor is currently an undergraduate student at the National Academy of Legal Studies and Research, Hyderabad. She is interested in Constitutional Law and Human Rights.