On November 2, the National Commission for Protection of Child Rights (NCPCR) has taken cognizance of the NCERT manual aimed at ‘gender sensitization in schools. The NCPCR took cognizance of the matter under section 13 (I) of CPCR Act, 2005, based on a complaint filed by one Vinay Joshi from Maharashtra.
Complainant has raised concern that “this approach will expose children to unnecessary psychological trauma due to contradictory environments at home and in school.”@NCPCR_
— LawBeat (@LawBeatInd) November 3, 2021
In the letter to Major Harsh Kumar, Secretary, NCERT, NCPCR chairperson Priyank Kanoongo enquired about the manual titled ‘Inclusion of Transgender Children in School Education: Concerns and Road Map’ published by the Department of Gender Studies at NCERT that “deprive and violated child rights”.
NCPCR said that the complainant highlighted several points that are in violation of Child Rights. It said, “The text of the manual suggests gender-neutral infrastructure for children that does not commensurate with their gender realities and basic needs. Also, the idea of creating removing binaries shall deny them equal rights of children of diverse biological needs.”
It further added that the approach taken in the manual would expose the children to unnecessary psychological trauma as they would face contradictory environments at home and in school. The complainant further objected to the point where the manual suggested the teachers should discuss puberty blockers and their availability for adolescents with the students. The complainant also raised questions on the background and qualification of the members who were part of the drafting committee.
NCPCR asked NCERT to reply with comments and take appropriate action to remove the anomalies in the document published on the NCERT website. It also urged NCERT to verify the anecdotes of the members of the drafting committee. NCERT has been asked to reply within seven days.
‘Gender is biological and is a natural and organic process’, complaint says
In the complaint, the complainant specified several points that are wrong in the manual. He said the manual talk about gender sensitization, but “gender is biological and is a natural and organic process, and is an identity that remains with the individuals throughout their life.”
He claimed that the drafting committee members are “criminally conspiring to deny the gender rights of children by forcing them to identify as gender-neutral psychologically and in contradiction to their biological reality.” He further added that process would expose children to two very contradicting environments on a daily basis, one at home and one in school, that would expose the students to unnecessary trauma.
One major point that has raised eyebrows is where the manual talked about gender-neutral washrooms. The complainant added that “a male, female or a transgender Child has separate needs regarding access to basic facilities like toilets, hostels.” While the manual alleged such different facilities create division among genders, in reality, such access to separate basic facilities empower different genders by providing them access to the facilities.
He said, “Hence the suggestion of the drafting committee to remove toilets catering for the basic biological needs of all these genders are also criminally motivated to deny equal rights to children of different biological genders and needs to be dealt with stringently.”
The complainant urged NCPCR to take strict action against the drafting committee members who were involved in a “criminal conspiracy to harm children’s psychologically, traumatize them and force them from their rights to identify themselves with their biological gender” under relevant sections of the JJ Act or any other law.
After outrage, NCERT had blocked access to the manual. One of the notable concerns with the team behind the manual was the inclusion of one Vikramaditya Sahai who has posted indecent posts spread all across ‘their’ social media accounts.
