Sex Education in School

Source: Supreme Court 

Introduction  

Recently, the bench of Justice MM Sundresh and Justice Rajesh Bindal has held that observed that sex education should be introduced in schools from a younger age rather than being limited to Classes IX to XII, emphasizing early awareness about puberty and its consequences while hearing a juvenile’s bail plea in a POCSO case. The Supreme Court held this in the matter of Juvenile X v. the State of U.P. (2025). 

What was the Background of Juvenile X v. the State of U.P. (2025)? 

• The appellant was a juvenile aged fifteen years at the time of the alleged commission of offences. He was accused of committing offences punishable under Sections 376 (Rape) and 506 (Criminal Intimidation) of the Indian Penal Code, 1860, read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, which pertains to punishment for aggravated penetrative sexual assault. 
• The juvenile appellant approached the High Court of Judicature at Allahabad seeking bail in the matter.  
• The High Court, vide its order dated 28th August 2024 in Criminal Revision No. 1973/2024, rejected the bail application and denied bail to the appellant. 
• Being aggrieved by the impugned order of the High Court denying bail, the juvenile appellant filed a Special Leave Petition (Criminal) No. 10915/2025 before the Supreme Court of India, seeking leave to appeal against the said order. 
• The matter came up for hearing before the Supreme Court, which by its earlier order dated 10th September 2025, granted interim bail to the appellant and directed his release on such terms and conditions as may be fixed by the concerned Juvenile Justice Board. The Court took into consideration the fact that the appellant himself was a fifteen-year-old boy at the relevant time. 
• In the same order dated 10th September 2025, the Supreme Court also directed the State of Uttar Pradesh to file an additional affidavit providing information as to how sex education is imparted as part of the curriculum in higher secondary schools within the State. The Court sought this information to ascertain whether young adolescents are made aware of the hormonal changes associated with puberty and the consequences that may arise therefrom. 
• In compliance with the Court's direction, the Circle Officer, District Sambhal, Uttar Pradesh, filed an additional affidavit dated 6th October 2025. The affidavit detailed the curriculum provided by the Secondary Education Department, Government of Uttar Pradesh, for classes IX to XII. It was informed that the said curriculum is in conformity with the directives issued by the National Council of Educational Research and Training (NCERT). 

What were the Court’s Observations? 

• The Supreme Court, comprising Justices Sanjay Kumar and Alok Aradhe, granted leave to appeal and proceeded to hear the matter on merits. 
• The Court noted that pursuant to its earlier direction, the State of Uttar Pradesh had filed an additional affidavit dated 6th October 2025, which detailed the curriculum relating to sex education provided by the Secondary Education Department for classes IX to XII. The Court was informed that this curriculum is in keeping with the directives of the National Council of Educational Research and Training. 
• However, the Court expressed its opinion that sex education should be provided to children from a younger age and not merely from class IX onwards. The Court observed that it is incumbent upon the authorities concerned to apply their minds and take corrective measures to ensure that children are informed of the changes that occur after puberty and the care and cautions to be taken in relation thereto. 
• The Court clarified that it was leaving this aspect open for the authorities concerned to take necessary steps in this regard, without prescribing any specific directive. 
• The Court allowed the appeal and set aside the impugned order dated 28th August 2024 passed by the High Court. The interim bail order dated 10th September 2025 was made absolute and directed to continue to operate until the disposal of the criminal case and completion of trial. 
• The Court expressly clarified that it had not made any observations or comments on the merits of the criminal case, and that any observation made in the order was meant only for the limited purpose of granting bail to the appellant. 
• All pending applications, if any, stood disposed of by virtue of this order dated 8th October 2025. 

What are the Sex Education Legal Provisions in India ? 

• Overview 
  • Sex education in India operates through a framework of national policies and programs, though implementation varies significantly across states. The primary vehicle for delivering sex education is the Adolescence Education Programme (AEP), which represents the Government of India's structured approach to adolescent health and reproductive education. 
• National Policy Framework 
  • Adolescence Education Programme (AEP) 
    • The AEP is coordinated by the National Council of Educational Research and Training (NCERT) in partnership with the Ministry of Education (formerly Ministry of Human Resource Development) and the United Nations Population Fund (UNFPA). This tri-party collaboration aims to provide young people with accurate, age-appropriate education on adolescent development and health. 
  • Programme Scope and Implementation 
    • The Government of India decided to upscale the National School AIDS Education Programme (SAEP) and implement the AEP across all secondary and higher secondary schools nationwide. The Central Board of Secondary Education (CBSE) has mandated implementation of the AEP in all private schools affiliated with it, extending the program's reach beyond government institutions. 
  • 3. Joint Governmental Initiative 
    • The AEP represents a joint initiative between the Ministry of Human Resource Development (MHRD) and the National AIDS Control Organization (NACO), Government of India. This collaboration underscores the program's dual focus on education and public health. 
  • Programme Objectives 
    • The Adolescence Education Programme aims to: 
    • Impart accurate and adequate knowledge about the process of growing up 
    • Provide comprehensive information on reproductive and sexual health across biological, psychological, and socio-cultural dimensions 
    • Address emotional health and develop coping mechanisms through life skills education 
    • Equip every adolescent (defined as children between 10-19 years) with scientific information, knowledge, and essential life skills 
  • NCERT Curriculum Rationale 
    • According to NCERT's official position, sex education in schools should be encouraged to provide accurate information to young people, thereby discouraging reliance on myths and misconceptions about sex-related aspects. The curriculum advocates for proper information covering: 
      • Reproductive organs and their functions 
      • Adolescence and related physical and emotional changes 
      • Safe and hygienic sexual practices 
      • Sexually transmitted diseases (STDs) and AIDS awareness 
      • Reproductive health management 
      • This educational approach is designed to help people, particularly those in the adolescent age group, lead reproductively healthy lives. 
  • Challenges in Implementation 
    • Despite the existence of national policies and programs, implementation remains inconsistent across India. Several states, including Gujarat, Maharashtra, Madhya Pradesh, and Chhattisgarh, have either banned or refused to implement sex education in schools, citing cultural and social concerns. This creates significant disparities in access to comprehensive sexuality education depending on geographic location. 
  • Key Implementing Authorities 
    • National Council of Educational Research and Training (NCERT): Curriculum development and coordination 
    • Ministry of Education: Policy oversight and national implementation 
    • Central Board of Secondary Education (CBSE): Implementation in affiliated schools 
    • National AIDS Control Organization (NACO): Public health component 
    • United Nations Population Fund (UNFPA): Technical support and partnership