NHRC Issues ‘Advisory 2.0’ to Strengthen Rights and Welfare of Transgender Persons Across India

New Delhi: In a significant move aimed at strengthening the protection and welfare of transgender persons in India, the National Human Rights Commission (NHRC) has issued “Advisory 2.0” to multiple Union Ministries, state governments, and Union Territories. The Commission has called for urgent reforms in areas such as legal recognition, education, healthcare, workplace inclusion, property rights, police procedures, and welfare measures, while directing authorities to submit Action Taken Reports within two months.

NHRC expands push for transgender rights

Continuing its efforts to safeguard the human rights of transgender persons, the NHRC issued the latest advisory to Secretaries of 11 Union Ministries, the Office of the Registrar General & Census Commissioner, and Chief Secretaries and Administrators of all States and Union Territories.

The Advisory was sent to key ministries including:

Social Justice and Empowerment,
Home Affairs,
Law and Justice,
Education,
Health and Family Welfare,
Labour and Employment,
Women and Child Development,
Housing and Urban Affairs,
Rural Development,
Corporate Affairs,
Statistics and Programme Implementation.

The Commission noted that the move builds upon its earlier Advisory issued on September 15, 2023.

NHRC qcknowledges government initiatives

While issuing the fresh recommendations, the NHRC acknowledged several steps already taken by the Government of India, including the enactment of the Transgender Persons (Protection of Rights) Act, 2019, allied welfare schemes, and policy initiatives aimed at improving socio-economic conditions for transgender persons.

The Commission appreciated the “encouraging responses” and “constructive engagement” shown by various authorities in response to the earlier advisory.

However, it stated that continued field interactions, stakeholder consultations, and implementation reviews revealed several persistent and emerging challenges affecting transgender persons across the country.

Authorities asked to submit action taken report in two months

The NHRC has requested all concerned authorities to implement the recommendations contained in the Advisory and submit an Action Taken Report (ATR) within two months.

According to the Commission, the latest recommendations are intended to strengthen inclusivity, reduce discrimination, and improve access to legal, educational, healthcare, and social welfare protections.

Inclusion in census and national data systems

One of the major recommendations in the Advisory is the inclusion of separate categories such as “Intersex”, “Transmen”, and “Transwomen”in the upcoming Census of India and other national surveys.

The NHRC stated that accurate and inclusive gender-disaggregated data collection is essential for effective policymaking and welfare planning.

Review of laws to ensure gender inclusivity

The Commission has recommended a review of several existing laws and policies to ensure recognition of self-identified gender and protection of transgender and intersex rights.

These include the Registration of Births and Deaths Act, the Juvenile Justice Act, and succession laws.

The Advisory also emphasizes ensuring equal inheritance, succession, housing, and property rights without discrimination.

Police and legal reforms recommended

The NHRC called for the development of comprehensive Standard Operating Procedures (SOPs) for police and correctional institutions concerning arrest, detention, searches, interrogations, imprisonment,
confidentiality, and access to gender-affirming healthcare.

The Commission further recommended dedicated legal aid cells, helplines, and independent grievance-redressal mechanisms

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

Focus on inclusive education

The Advisory stresses that transgender students should be admitted into educational institutions based on self-identified gender without requiring medical proof.

The NHRC also recommended gender-neutral facilities, grievance-redressal systems, and mandatory sensitisation training for teachers and counsellors.

The Commission stated that such measures are necessary to create safe and inclusive learning environments.

Healthcare and medical safeguards

In the healthcare sector, the NHRC recommended standardised and ethical protocols for gender-affirming healthcare, regulation of Sex Reassignment Surgery costs, and equal insurance coverage for transgender healthcare needs.

The Commission also strongly opposed coercive or non-consensual medical procedures on intersex children except in life-saving situations.

It recommended counselling and psychosocial support for parents and families of intersex children.

Inclusive workplaces and welfare measures

The Advisory urged employers and institutions to promote inclusive workplaces by introducing gender-neutral facilities, inclusive HR policies, workplace grievance mechanisms, and mandatory diversity disclosures.

The NHRC also highlighted the need for welfare measures specifically aimed at elderly transgender persons.

Strengthening shelters and welfare access

The Commission recommended strengthening Garima Greh shelters and simplifying documentation procedures for transgender persons seeking access to welfare schemes.

It also proposed self-identification-based enrolment, transgender-inclusive old-age homes, community shelters, privacy protections, healthcare access, and emotional support systems.

The NHRC stated that these measures are essential to ensure dignity, social inclusion, and long-term welfare for transgender persons across India.