Written by Akhil Kumar K.S. & Gowri Prakash students at The National University of Advanced Legal Studies, Kochi.
- Introduction
“In India, the misconceptions about sex education are widespread and contribute to its limited implementation and effectiveness. Many people, including parents and educators, hold conservative views that discussing sex is inappropriate, immoral, or embarrassing. This societal stigma creates a reluctance to talk openly about sexual health, leading to a significant knowledge gap among adolescents.” — Former CJI D.Y. Chandrachud.
The above statement of Justice Chandrachud in a 2024 judgment highlights the imperative need for sex education in India. Despite a few attempts to include it in the curriculum, it faced significant opposition from the citizens and several state governments. Why 21st-century India does not want to develop its mindset is a crucial question. Implementation of sex education, especially during adolescence, will not only impart knowledge but also play a critical role in addressing issues like sexual harassment, especially in a country like India where every day 86 rapes are reported and the number of unreported cases can’t be imagined, childhood marriages, teenage pregnancies, unsafe abortions, lack of contraceptive awareness, gender-based violence, porn addiction, and medical issues like HIV and AIDS in which India ranks third. Ironically, sex education still remains a taboo in countries with the highest population. When the ‘s’ word is attached to education, the stigma becomes greater as these taboos are passed down to children.
- Decoding sex education: conceptual framework, truths, and taboos
As India lacks a comprehensive law, policy, or guideline that talks about sex education among adolescents, the scope and area remain ambiguous, and calling it a non-existent thing would be much more appropriate. The most comprehensive guideline that provides a conceptual framework for sex education is the International Technical Guidance on Sexuality Education (ITGSE). The concept of sex education was comprehensively published by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the United Nations Population Fund (UNPF) in 2018. It provides a basic evidence-based framework for designing school curriculum-based Comprehensive Sexuality Education (CSE) programs for countries and institutions based on specific needs. As per ITGSE, CSE includes teaching sexuality and covering cognitive, emotional, physical, and social aspects as per the children’s age and cognitive abilities. Hence, sex education includes, majorly eight components, which are relationships, values, rights, culture, and sexuality; understanding gender; violence and safe environment; skills for health and wellbeing; the human body and development; sexuality and sexual behaviour.
- Comprehensive sexual education as a basic right of adolescents
The right to sex education is an interlink between the two fundamental rights of the right to health and the right to education. Furthermore, the existing international legal framework substantiates the existence of sex education as a basic right of adolescents. The ICESCR and the CEDAW recognize comprehensive sex education as a human right. Furthermore, it is prioritized in the Sustainable Development Goals under the goal of health and well-being. The Committee on the Rights of the Child recognizes that the right to education requires providing information necessary to develop a healthy lifestyle. It develops a safe and positive attitude toward sexuality, builds healthy relationships, and makes adolescents informed about safe choices about their sexual health. Youth deserve a strong foundation of developmentally appropriate information about gender and sexuality and how these relate to their bodies, community, culture, society, mental health, and relationships.
In the Indian scenario, the right to sex education can exist in interjunction with the fundamental right to health and education. India is also obligated to enforce sex education under the above-mentioned international instruments.
- Sex education in India: legal landscape and policy perspectives
India introduced sex education in the 1980s. However, earlier interventions lacked details on contraception, sexually transmitted diseases (STDs), and illustrations. One of the first comprehensive sex education programs in India was the School AIDS Education Program of 2002. This was a collaborative effort of the National AIDS Control Organization and the Ministry for Human Rights Development. The program’s primary aim was the prevention of Aids and other STDs by spreading awareness. This program, however, failed due to poor implementation. In 2005, the same collaboration developed a novel initiative: the Adolescent Education Programme. The initiative (AEP) encountered significant opposition from six states, which promptly banned it, citing reasons such as objectionable content and the perceived lack of necessity for sex education in India, given the country’s rich cultural heritage.
However, India has also witnessed success in sex education policies, a significant example of the Udaan initiative in Jharkhand. In 2020, the School Health Programme was launched under Ayushman Bharat; it focused on adolescent health, including topics like puberty, reproductive health, and gender sensitivity. The Compulsory Teaching of Sex Education in Educational Institutions Bill, 2021 is the most recent and progressive initiative mandating sex education in schools. It proposes the establishment of an Advisory Council for sex education, including experts. The bill defines sex education, includes the LGBTQIA+++ community, and ensures the appointment of qualified teachers. The bill also requires the Union to fund its implementation. However, the bill met the same fate as common sense in a debate with conservatism; it never passed. And so, the guardians of ignorance triumphed again, valiantly shielding society from the horrors of informed decision-making.
- Judicial perspective on sex education: interpretations and implications
Unlike state governments, the Supreme Court has favored sex education for adolescents. The Apex Court, in its recent 2024 judgment, ruled that sex education is not a Western concept but an essential for adolescents. It further criticized states’ ban, stating it hinders sexual health programs and leaves youth uninformed, pushing them toward misleading online content. The Court emphasized that age-appropriate sex education would prevent harmful behavior, including exposure to child sexual abuse material. In another 2024 judgment, the court emphasized the right to sex education, referring to various international conferences, such as the International Conference on Population and Development. Additionally, The UN Commission on Population and Development urged states to provide evidence-based sex education covering sexual health, human rights, and gender equality to help youth engage with their sexuality responsibly. The Court also relied on the European Court of Human Rights judgment, which upheld young people’s right to sex education in schools. The Himachal Pradesh High Court, in the 2021 judgment, pointed out the importance of appropriate sex education in the curriculum. Additionally, it emphasized that it is the duty of the executive and policymakers. Society no longer hides normal human behavior. Laws must evolve with social needs and values. Therefore, too conservative approach cannot stand the test of time. The Indian judiciary has criticized states over the ban on sex education and consistently supported sex education as a vital part of public health, individual rights, and the well-being of society.
- Recommendations and Conclusion
Sexual education has always been stigmatized in India, with many people having the opinion that it can induce risky behavior or precocious sexual debut in children. However, these contentions have been disproved time and time again. Taking the example of the Netherlands, a country where sex education begins as early as age four, we find the adolescent pregnancy rates as well as abortion rates to be extremely low.
Furthermore, banning sex education due to the reason it can corrupt young minds is a highly anachronistic measure in the 21st century, where information about anything and everything is available at your fingertips. In the absence of a well-formulated sex-ed course in schools, many children are first exposed to sexuality-related content through social media. Thus, its implementation is vital. Moreover, since India has ratified International Conventions such as the ICESCR, the CEDAW, and the Convention on the Rights of the Child under Article 51 of the Indian Constitution, the central government must enforce these conventions through legislation. This provision enables the integration of international human rights law into domestic systems, which focus on protecting vulnerable groups like children. India has come extremely close to achieving this goal by introducing the bill in 2021, as mentioned in Chapter IV. However, it never passed due to strong opposition and a lack of support by the government.
The way forward should be by identifying the unique needs of our country and devising a scheme that will provide comprehensive sexual education to all sections of the population. Additionally, it is crucial to promote fundamental rights in India. Innovative methods such as public-private partnerships, especially in the case of Udaan, can be considered. Partnering with NGOs and other specialists in the field, as well as providing training for school teachers and parents, is also essential to remove the communal aversion against sex education. Similarly, a phased policy implementation would lead to less social resistance. Providing sex education in regional languages can increase inclusivity.
The scope of sex education is not limited to lessons on the human body, but rather, it teaches respect, equality, and empowerment.