New Delhi, May 19: The National Human Rights Commission (NHRC) has recommended the inclusion of distinct categories such as ‘intersex’, ‘trans men’, and ‘trans women’ in the upcoming census of India. In its ‘Advisory 2.0’ released on Tuesday, the commission provided several key suggestions aimed at ensuring the welfare and rights of transgender individuals.
The NHRC emphasized that transgender and intersex individuals should be granted inheritance, property, housing, and family rights without discrimination. Additionally, it recommended that educational institutions allow transgender students to enroll based on their self-identified gender.
The commission highlighted the need to review various laws, including the Birth and Death Registration Act, the Juvenile Justice Act, and inheritance laws, to legally recognize self-identified gender and protect the rights of transgender and intersex individuals.
This advisory has been sent to 11 ministries, the Office of the Registrar General and Census Commissioner of India, and the Chief Secretaries/Administrators of all states and Union Territories. The NHRC has requested all relevant departments to submit an ‘Action Taken Report’ (ATR) within two months.
The ministries that received the advisory include Social Justice and Empowerment, Home Affairs, Law and Justice, Statistics and Programme Implementation, Education, Health and Family Welfare, Women and Child Development, Corporate Affairs, Labour and Employment, Housing and Urban Affairs, and Rural Development.
The NHRC noted that the positive response and cooperation from the relevant departments following the previous advisory issued on September 15, 2023, has been encouraging. The commission also praised the government’s efforts to improve the socio-economic status of transgender individuals, particularly through the Transgender Persons (Protection of Rights) Act, 2019, and related schemes.
However, based on field interactions, stakeholder discussions, and reviews of existing programs, the commission found that the transgender community continues to face numerous challenges. In light of this, new recommendations for their welfare have been issued.
The advisory emphasizes ten key areas, including the inclusion of gender diversity in the national data system, making laws and policies gender-inclusive, property rights, equal access to education and healthcare services, workplace inclusivity, protection of rights for children with diverse gender identities, care for elderly transgender individuals, and strengthening ‘Dignity Homes’ shelter centers.
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