NHRC Issues New Advisory to Strengthen Rights and Welfare of Transgender Persons

The National Human Rights Commission (NHRC), India has issued a comprehensive new Advisory 2.0 aimed at strengthening the protection, inclusion and welfare of transgender persons across the country as part of its ongoing efforts to safeguard human rights and promote social justice.

The advisory has been sent to the Secretaries of 11 Union Ministries, the Office of the Registrar General & Census Commissioner of India, and the Chief Secretaries and Administrators of all States and Union Territories. It outlines a wide range of recommendations focused on improving legal recognition, healthcare, education, employment, social protection and institutional support for transgender and intersex persons.

Advisory Sent to Multiple Key Ministries

The NHRC issued the advisory to the following ministries:

• Ministry of Social Justice and Empowerment;

• Ministry of Home Affairs;

• Ministry of Law and Justice;

• Ministry of Statistics and Programme Implementation;

• Ministry of Education;

• Ministry of Health and Family Welfare;

• Ministry of Women and Child Development;

• Ministry of Corporate Affairs;

• Ministry of Labour and Employment;

• Ministry of Housing and Urban Affairs, and

• Ministry of Rural Development.

The Commission said the latest advisory builds upon its earlier recommendations issued on 15 September 2023 and reflects continued engagement with government authorities, stakeholders and affected communities.

NHRC Acknowledges Government Initiatives

The Commission appreciated the encouraging responses received from government departments regarding its earlier advisory and acknowledged the steps already taken by authorities to improve the socio-economic conditions of transgender persons.

The NHRC specifically referred to the enactment of the Transgender Persons (Protection of Rights) Act, 2019, as well as various allied schemes and policy initiatives aimed at promoting inclusion and welfare.

However, the Commission noted that despite progress, several persistent and emerging challenges continue to affect transgender and intersex communities across India.

According to the NHRC, continued field interactions, stakeholder consultations and implementation reviews highlighted the need for additional reforms and stronger institutional mechanisms.

Authorities Asked to Submit Action Taken Report

The Commission has requested all concerned authorities to implement the recommendations contained in the advisory and submit an Action Taken Report (ATR) within two months detailing the progress made.

The NHRC said the latest recommendations are intended to strengthen legal protections, improve access to services, and ensure dignity, equality and inclusion for transgender persons.

Focus on Ten Key Areas

The advisory focuses on ten major areas aimed at improving the welfare and rights of transgender persons, including:

• Gender-inclusive data collection;

• Legal and policy reforms;

• Property and inheritance rights;

• Education access;

• Healthcare;

• Workplace inclusivity;

• Protection of children with diverse gender identities;

• Welfare of elderly transgender persons, and

• Strengthening Garima Greh shelter homes.

Push for Inclusive Census and National Surveys

One of the major recommendations involves improving representation in national data systems.

The NHRC recommended the inclusion of distinct categories such as:

• Intersex;

• Transmen, and

• Transwomen

in the upcoming Census of India and other national surveys to ensure accurate gender-disaggregated data collection.

The Commission said better data collection is essential for effective policymaking and targeted welfare interventions.

Legal Reforms and Gender Recognition

The NHRC also called for a review of various laws and policies to ensure recognition of self-identified gender and protection of transgender rights.

The Commission recommended reviewing legislation including:

• The Registration of Births and Deaths Act;

• The Juvenile Justice Act, and

• Succession and inheritance laws.

The advisory stressed that transgender and intersex persons should enjoy equal rights in areas such as:

• Inheritance;

• Succession;

• Housing, and

• Property ownership without discrimination.

SOPs for Police and Correctional Institutions

The Commission recommended the development of comprehensive Standard Operating Procedures (SOPs) for police, prisons and correctional institutions regarding:

• Arrest procedures;

• Searches and interrogations;

• Detention and imprisonment;

• Confidentiality protections, and

• Access to gender-affirming healthcare.

The NHRC highlighted concerns regarding discrimination, violence and custodial abuse faced by transgender persons within law enforcement and institutional systems.

Dedicated Legal Aid and Grievance Mechanisms Proposed

The advisory recommended establishing:

• Dedicated legal aid cells;

• Helplines, and

• Independent grievance-redressal mechanisms

for transgender and gender-diverse persons facing discrimination, violence or abuse.

The Commission said stronger support systems are necessary to ensure access to justice and protection of fundamental rights.

Inclusive Education Measures Recommended

The NHRC emphasised the need for greater inclusivity in educational institutions.

The Commission recommended:

• Admission of transgender students based on self-identified gender without requiring medical proof;

• Establishment of gender-neutral facilities;

• Creation of institutional grievance mechanisms, and

• Sensitisation programmes within schools and colleges.

The advisory also stressed the importance of ensuring safe and discrimination-free learning environments.

Mandatory Gender Sensitisation Training

The Commission proposed mandatory gender-sensitisation programmes for:

• Teachers;

• Counsellors;

• Police personnel;

• Prison staff;

• Judicial officers, and

• Healthcare professionals.

According to the NHRC, such training is necessary to reduce stigma, improve institutional behaviour and promote inclusion.

Ethical Standards for Gender-Affirming Healthcare

The NHRC also focused extensively on healthcare reforms.

The advisory recommended:

• Standardised and ethical medical protocols for gender-affirming healthcare;

• Regulation of Sex Reassignment Surgery costs;

• Equal insurance coverage for transgender healthcare needs, and

• Improved access to gender-sensitive healthcare services.

The Commission additionally called for stronger protections for intersex children.

Ban on Non-Consensual Medical Procedures on Intersex Children

One of the key recommendations seeks prohibition of coercive or non-consensual medical procedures on intersex children except in life-saving situations.

The NHRC stressed the need for:

• Informed consent;

• Counselling support for parents, and

• Psychosocial assistance for affected families.

Human rights groups have long raised concerns about medically unnecessary procedures performed on intersex children without consent.

Inclusive Workplaces and Elderly Welfare Measures

The Commission also urged organisations to create more inclusive workplaces through:

• Gender-neutral facilities;

• Inclusive Human Resource policies;

• Workplace grievance mechanisms, and

• Mandatory diversity disclosures.

The advisory further highlighted the need for welfare measures specifically targeted at elderly transgender persons.

Recommendations include:

• Simplified documentation processes;

• Self-identification-based enrolment in welfare schemes;

• Transgender-inclusive old-age homes, and

• Community shelters ensuring privacy, healthcare access and emotional well-being.

Garima Greh Shelters to Be Strengthened

The NHRC also called for strengthening Garima Greh shelters, which are dedicated shelter homes for transgender persons.

The Commission stressed the need for better infrastructure, healthcare access, counselling services, vocational training and social rehabilitation support.

Focus on Human Rights and Social Inclusion

The advisory reflects growing institutional recognition of the need for stronger protections and inclusive policies for transgender and intersex communities in India.

Human rights experts say the recommendations could significantly improve social inclusion and access to justice if effectively implemented by states and central ministries.

The NHRC stated that promoting dignity, equality, non-discrimination and social participation for transgender persons remains an important component of India’s broader human rights framework.

The detailed advisory can be accessed at:https://nhrc.nic.in/assets/uploads/other_advisories/1779115826_649e8e4ffb525458ca0a.pdf