EDUCATING FOR EQUALITY: WHY LGBTQ+ INCLUSIVE SEX EDUCATION MATTERS

Author : Oyeshree Jana, National Law University, Tripura (NLUT).

“I am what I am, so take me as I am.”

The line emphasizes the power of self-acceptance and cherishes one’s individuality by refusing to confront the expectations of the society. This article celebrates being unapologetically yourself, accepting all your flaws and cherishing yourself because being authentic to oneself is where the true strength actually lies. The article highlights the utmost need of the society to raise their voice against the prevalent discrimination against the LGBTQ+ community. We need to eradicate all these disparities from the very basic unit of society, that is, the students. Despite various progressive judgements advocated by the Indian Judiciary for safeguarding the rights of the LGBTQ+ community there is a critical need of LGBTQ+ inclusive sex education for promoting healthy relationships among students, eradicating disparities like bullying and supporting the well-being and inclusivity of LGBTQ+ youth. 

The article revolves around how LGBTQ+ inclusive sex education can influence the understanding and acceptance of diverse sexual orientations and gender identities among students.

The article concludes by shedding light on the very fundamental fact that every individual irrespective of their diverse sexual orientation and gender identity must be accepted for who they are and not for what the society wants them to be and by promoting a healthy environment for the LGBTQ+ youth for their well being and inclusivity.

LGBTQ+ community, Sex Education, Discrimination, Equality, Sexual orientation, Gender Identity.

Discrimination against the LGBTQ+ community can be traced back to the implementation of colonial laws during the British era in India. The criminalisation of homosexuality under the infamous Section 377 : “unnatural offences” of the Indian Penal Code drafted by Lord Thomas Babington Macaulay in the year 1860. Even in the United Kingdom, the homosexual acts were made punishable by death under the Buggery Act of 1533. Individuals belonging to the LGBTQ+ community faced a significant amount of social stigma, verbal abuse, hate crimes and even physical assaults giving rise to higher cases of mental illness and suicide among individuals of the LGBTQ+ community. Despite these challenges, there has been a significant progress of LGBTQ rights advocated by the Indian Judiciary. The AIDS Bhedbhav Virodhi Andolan organised the first ever prominent protest advocating equal rights for the LGBTQ+ community in India in the year of 1992. Moving forward to the year of 2009, when the Delhi High Court decriminalised Section 377 in the case of NAZ Foundation v Govt of NCT Delhi as it violated the fundamental right of consensual sex and at the same time it violated the fundamental right to equality and equal protection before law. This judgement was overturned in Suresh Kumar Koushal v NAZ Foundation in 2013 as the LGBTQ+ community constituted only a very small fraction of the society and it was held that Section 377 is not discriminatory as it only criminalised certain acts and not the community. Again, in the year of 2014, the transgender people were given legal recognition of self-identification as the third gender was recognised in the case of National Legal Services Authority v Union of India. Even in the landmark judgement of KS Puttaswamy vs Union of India, it was held that the Right to Privacy is a fundamental right and sexual orientation is an essential attribute of privacy. It also stated that their rights cannot be neglected just because of the fact that the  LGBTQ+ community constitutes a very small fraction of the Indian population. Finally in the year 2018, in Navtej Singh Johar v Union of India, the Supreme Court of India decriminalised Section 377 putting an end to the discrimination against homosexuality and giving the legal recognition to same sex couples.

The traditional sex education implemented in schools and other educational institutions revolved around the well-being of sexual health. Sex education is an essential attribute of a comprehensive educational system that empowers children in their developmental stage. This highlights the very fundamental elements like anatomy, reproduction, menstruation, contraception, sexually transmitted diseases, and the concept of consent in a healthy relationship. The sex education empowers students to make decisions on their reproductive health and also eradicate various taboos regarding menstruation. There is no such widely implemented LGBTQ+ inclusive sex education program currently in India. Most sex education in India does not address the LGBTQ+ community due to prevalent social stigma and taboos. In the absence of such national policy there leads to the formation of superstitions and taboos regarding the LGBTQ+ community. According to the World Health Organization and the World Association for Sexual Health (WAS) Declaration of Sexual Rights, sex education aims to provide children and adolescents with comprehensive knowledge, skills, attitudes, and values, promoting equality and non-discrimination while upholding freedom of thought and expression (Eleuteri, Stefano, Marta Girardi, Rossella Spadola, and Elisabetta Todaro. "Inclusion Goals: What Sex Education for LGBTQIA+ Adolescents?" Children 11, no. 8 (2024): 966).

The article explores the critical need of LGBTQ+ inclusive sex education in India. There is an essential need to establish the understanding and acceptance of diverse sexual orientations and gender identities among students. On the other, it also highlights that any individual irrespective of their class, caste, age, economic status, sexual orientation and gender identity have the right to live in a healthy, peaceful and respectful environment with other individuals. The concept of consent and respect stands the same for every individual involved in a heterosexual or homosexual relationship. Currently in the absence of such policies in our education system, individuals belonging to the LGBTQ+ community often face mental health crises due to widespread superstitions and taboos. Even sometimes they are mocked, teased and bullied by their fellow classmates because of their sexual orientation. On the other hand, there are a lot of students who do not want to share their sexual orientation as they feel the society would not accept them as it contradicts their culture and religion. When we exclude LGBTQ+ young people from comprehensive education, we make them more isolated, and they behave in more risky ways and they are further pushed out and pushed into dangerous situations where negative outcomes are more likely (Oliver, David. "Sex Education: The Importance of LGBTQ Inclusivity in Schools." USA TODAY, Aug 5, 2021).The society has to evolve as such acts of discrimination are unconstitutional. The Indian Constitution safeguards the right of every individual and protects them against exploitation and discrimination and this represents that every individual has the right to equality irrespective of their age, class, caste, family background, economic status, gender identity and sexual orientation. The implementation of LGBTQ+ inclusive sex education will uphold equality and protection of their rights while promoting fairness and social justice among the LGBTQ+ community.

The implementation of LGBTQ+ inclusive sex education in Indian schools will lead to a more inclusive and accepting society, reducing the rates of bullying and harassment in schools like verbal abuse, hate crime and physical assault based on sexual orientation and gender identity. It would also promote the mental well-being of the LGBTQ+ community and it also upholds the equal protection of rights before law while ensuring social justice and fairness among all. 

The LGBTI+ youth are not experiencing inclusive and comprehensive sexual health education. There is a need to standardise sexual health curriculum, making them LGBTQ+ inclusive and incorporate holistic aspects of health such as pleasure and healthy relationships (O'Farrell, Muire, Phil Corcoran, and Martin P Davoren. "Examining LGBTI+ Inclusive Sexual Health Education from the Perspective of Both Youth and Facilitators: A Systematic Review." BMJ Open 11, no. 9, 2021).

Queer: A Graphic History by Meg-John Barker and Jules Scheele illustrates the history of queer thought and also explores gender roles in identity politics. This book is also well received for its ability to establish the concepts in a very engaging manner. This book also promotes an inclusive and supportive environment.

The American Library Association’s Rainbow Book List highlights The Every Body Book: the LGBTQ+ Inclusive Guide for Kids about Sex, Gender, Bodies and Families by Rachel E. Simon and Noah Grigni which uses gender-neutral language to provide kids with information on sexuality in a safe and inclusive manner. This book is a comprehensive guide to understanding one’s body and relationships respecting inclusivity and diversity among all and ensures every child is understood and valued.

In NAZ Foundation v Government of NCT Delhi (2009),the Delhi High Court decriminalised Section 377 of the Indian Penal Code as it violates the constitutional rights of equality, non-discrimination, privacy, life and liberty. It violated Article 14 as it promotes unreasonable discrimination on homosexuals as a class. It went against Article 15 as there was prevalent discrimination based on biological sex and psychological sex which included the attribute of sexual orientation. A huge backlash thereby broke into the society.

This progressive judgement of the Delhi High Court was overturned in Suresh Kumar Kaushal v NAZ Foundation (2013) that held that Section 377 was not discriminatory towards any community but it only prohibited certain acts. It stated that the LGBTQ+ community constituted a very small fraction of the society and the judiciary should not interfere with such and the Parliament was held as the most appropriate authority for the same and not the courts.

In National Legal Services Authority v Union of India (2014) gave transgender people legal recognition of self identification. This case also held that the distinction between biological sex and psychological sex was determined. The court emphasized more on psychological sex than biological sex. No gender based discrimination on grounds of sexual orientation would be tolerated and privacy and inclusivity of gender identity is to be protected under Article 19(1)(a). The three key features of this judgement in favour of transgender were- Right to self-identification, equal treatment for all and right to live with dignity including the right to choose gender identity.

In KS Puttaswamy v Union of India(2017) case held that Right to Privacy is a fundamental right and sexual orientation is a fundamental attribute of Right to Privacy. Hence the rights of minorities can no longer be treated negligently. The judgement authored by Justice DY Chandrachud rectified the mistake in Suresh Kumar Koushal case and upheld equality as the nine judge bench held sexual orientation of each individual is to be protected.

The most landmark case Navtej Singh Johar v Union of India (2018) that constituted a 4 judge bench of Justice DY Chandrachud, Justice Indu Malhotra, Justice Nariman and Chief Justice Dipak Misra. The court decriminalised all consensual sex among adults in private, including homosexual sex. Section 377 still criminalises non consensual acts and sexual acts performed on animals. The court held there was no rational nexus stating morality as an argument to decriminalise Section 377 as it is too ambiguous and subjective. On the other hand, there is no intelligible differentia stating Section 377 is against the order of Nature. Hence the court upheld equality, non discrimination, freedom of speech and expression and liberty as protected under Article 14,15,19 and 21 of the India Constitution.

The research tends to observe the ethical dimensions of the society regarding the LGBTQ+ community whether they are satisfactory enough in the context of Indian laws. The research adopts a doctrinal approach by analysing the legal statutes and interpreting them for  better clarification and insights regarding the wellbeing of the LGBTQ+ community. The method focuses on the detailed study and legal interpretation of legal texts like statues, case laws and regulations. It aims to explain and critiques legal doctrines on how they are synthesized in the contemporary society of India.

There is no such widespread national policy implemented in India. But there are various other nations that implemented the LGBTQ+ inclusive sex education and these nations are making strides towards creating a more inclusive and supportive educational environment for the students. The High Court of Madras has recently issued the inclusion of LGBTQ+ syllabus in schools and has vouched to address their concerns from grassroots level by including a curriculum based on queer knowledge and understanding. One approach to incorporating LGBTQ+ studies is to inject it into existing subjects such as in history, the topics could include the struggles of LGBTQ+ individuals through history, the social and legal issues faced by the community. (Shree, P., & Chithra, G.K. (2023). Indian Education System: Inclusion of LGBTQ+ Studies in Curriculum. Journal of Emerging Technologies and Innovative Research (JETIR), 10(8), 155-160)

• Scotland is the first country to implement LGBTQ+ inclusive school curriculum that highlights topics like same sex marriage, same sex parenting, homophobia, HIV/AIDS epidemic etc.

• The Netherlands has implemented a sexuality educational program that tends to make the society more understanding and accepting towards the diverse sexual orientation and various gender identities.

• The various provinces of Canada separately implemented various school curriculum including the topics of LGBTQ+ community that promotes a more inclusive environment for all the students including the LGBTQ+ youth.

• Sweden is known for its extremely progressive and inclusive sex education that promotes equality and respect for all individuals having diverse sexual orientations and gender identity.

• Germany implemented a comprehensive sex education program that addresses various LGBTQ+ issues and promotes equality and aims to reduce discrimination.

• The United States implemented various comprehensive LGBTQ+ inclusive sex education programs in the states of California and New Jersey. On the other hand, states like South Carolina and Florida prohibit any teachings on the LGBTQ+ issues in school.

• The United Kingdom follows the Relationships and Sex Education (RSE) Act from September 2020 that is compulsory in all state-funded schools. This program included the school curriculum promotes equality and respect for all individuals of diverse sexual orientations and gender identity. This curriculum ensures a more inclusive and supportive environment for students including the LGBTQ+ youth.

Significant progress has been seen in these countries regarding the LGBTQ+ community after the implementation of the LGBTQ+ inclusive sex education program. These programs will ensure a comprehensive and inclusive educational environment for the students. Studies show that such sex education programs reduce the rate of mental illness among individuals faced due to verbal abuse, hate crimes, harassment, physical abuse etc.

The LGBTQ+ inclusive sex education can help to reduce the prevalent discrimination and social stigma against the LGBTQ+ community by fostering a more understanding and accepting approach towards them. It provides students with the information of their rights and ensures equality among all by empowering students to make decisions regarding their sexual health. It teaches students to respect every individual regardless of their sexual orientation and gender identity. It also reduces discrimination like verbal abuse, hate crimes, harassment and violence by fostering an inclusive environment that promotes mental well-being for all the individuals in the society irrespective of their class, caste, age, sexual orientation and gender identity.

In the context of Indian society, the implementation of such educational programs may face certain cultural and religious barriers. The conservative religious groups may cite several deep-rooted social norms to challenge the implementation of LGBTQ+ inclusive sex education in India.

The LGBTQ+ inclusive sex education matters because it creates a more understanding and accepting society by fostering equality and respect among all individuals irrespective of their diverse sexual orientation and gender identity. This reduces the rates of mental illness and suicide cases among the LGBTQ+ community faced by harassment and violence. This promotes an inclusive environment for the mental and sexual well-being of every individual especially the LGBTQ+ youth. In essence, the LGBTQ+ inclusive sex education promotes diversity and embraces it by ensuring every individual is valued and understood.

1. Creating safe and inclusive schools for LGBTQ+ students

2. Examining LGBTI+ inclusive Sexual Health Education from the perspective of both Youth and Facilitators: Systematic Review

3. Inclusive goals: What Sex Education for LGBTQIA+ Adolescents?

4. Indian Education System: Inclusion of LGBTQ+ Studies in curriculum

5. Sex Education: the Importance of LGBTQ Inclusivity in schools (USA TODAY)