NHRC recommends Transmen, Transwomen categories in India Census
Synopsis
The NHRC has pushed for 'Transmen', 'Transwomen', and 'Intersex' to be formally counted in India's Census — a move that could reshape how the state sees and serves millions. Advisory 2.0, covering ten action areas from property rights to Garima Greh shelters, lands on the desks of 11 ministries with a two-month ATR deadline.
Key Takeaways
The NHRC has recommended distinct 'Intersex' , 'Transmen' , and 'Transwomen' categories in the upcoming Census of India .
Advisory 2.0 covers ten key areas including property rights, education, healthcare, and workplace inclusivity for transgender persons.
The advisory was issued to 11 central ministries , the Office of the Registrar General and Census Commissioner , and all state and UT administrations.
All authorities must submit an Action Taken Report (ATR) within two months .
The advisory follows an earlier NHRC advisory dated 15 September 2023 and cites persistent implementation gaps identified through field reviews and stakeholder consultations.
The Transgender Persons (Protection of Rights) Act 2019 and strengthening of Garima Greh shelters are among the frameworks the NHRC has acknowledged and sought to build upon.
The National Human Rights Commission (NHRC) has recommended that the upcoming Census of India include distinct gender categories — 'Intersex', 'Transmen', and 'Transwomen' — as part of a sweeping Advisory 2.0 issued to 11 central ministries and all state governments. An official confirmed the development on Tuesday, 19 May, marking a significant push to integrate gender diversity into national data systems.
What Advisory 2.0 Covers
The advisory spans ten key action areas aimed at strengthening protections for transgender and intersex persons. These include equal rights to inheritance, succession, housing, and property without discrimination, as well as facilitation of admission for transgender students in educational institutions based on self-identified gender.
The Commission has also called for a comprehensive review of existing legislation — including the Registration of Births and Deaths Act, the Juvenile Justice Act, and succession laws — to ensure legal recognition of self-identified gender and the protection of rights for transgender and intersex individuals.
Who Received the Advisory
The NHRC issued the advisory to the Secretaries of 11 ministries, the Office of the Registrar General and Census Commissioner, and the Chief Secretaries and Administrators of all states and Union Territories. The ministries covered 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.
Background and Context
This advisory builds on the NHRC's earlier advisory issued on 15 September 2023, which the Commission noted had received encouraging responses from concerned authorities. The NHRC acknowledged government initiatives including the enactment of the Transgender Persons (Protection of Rights) Act 2019 and allied policy measures aimed at improving socio-economic conditions for transgender persons.
However, the Commission noted that field interactions, stakeholder consultations, and implementation reviews had revealed persistent and emerging challenges — making a fresh set of recommendations necessary. Notably, this is the second such advisory in under two years, signalling that the NHRC considers progress on ground-level implementation insufficient.
Key Areas and Next Steps
Beyond Census categorisation, the advisory addresses healthcare access, workplace inclusivity, safeguarding rights of children with diverse sex characteristics, protections for elderly transgender persons, and strengthening of Garima Greh shelters — government-supported residential facilities for transgender individuals.
All authorities have been asked to implement the recommendations and submit an Action Taken Report (ATR) within two months. Whether ministries act on the advisory with the urgency the NHRC intends remains to be seen, as compliance with earlier recommendations was uneven.
Point of View
Not transformation. The real test is whether ministries like Home Affairs and Law and Justice treat this as a compliance exercise or a mandate for legislative change.
NationPress
14 Jul 2026
Frequently Asked Questions
What has the NHRC recommended for the Census of India?
The NHRC has recommended that the upcoming Census of India include distinct categories for 'Intersex', 'Transmen', and 'Transwomen', as part of its Advisory 2.0 aimed at integrating gender diversity into national data systems. This would allow for more accurate enumeration and targeted welfare planning for transgender and intersex persons.
What is NHRC Advisory 2.0 on transgender rights?
Advisory 2.0 is a set of recommendations issued by the National Human Rights Commission covering ten key areas for transgender welfare, including equal property and inheritance rights, self-identified gender in education, healthcare access, workplace inclusivity, and strengthening Garima Greh shelters. It was sent to 11 central ministries and all state and UT administrations on 19 May 2025.
Which ministries received the NHRC advisory?
The advisory was directed at the Secretaries of 11 ministries: 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, along with the Office of the Registrar General and Census Commissioner.
What is the deadline for authorities to respond to the NHRC advisory?
All concerned authorities have been asked to implement the recommendations and submit an Action Taken Report (ATR) within two months of receiving the advisory.
How does this advisory differ from the earlier NHRC advisory on transgender rights?
The NHRC issued its first advisory on transgender welfare on 15 September 2023. Advisory 2.0, issued in May 2025, goes further by specifically recommending Census categorisation and calling for review of laws such as the Registration of Births and Deaths Act and the Juvenile Justice Act, based on persistent gaps identified through field interactions and stakeholder consultations since 2023.
