NHRC Advisory 2.0: Recognising Intersex, Transmen, and Transwomen as Distinct Census Categories
The National Human Rights Commission (NHRC) issued Advisory 2.0 on May 19, 2026, to all Ministries and Chief Secretaries of States and Union Territories, seeking to ensure the welfare of transgender persons.
Among the key recommendations, the NHRC called on the Office of the Registrar General of India to introduce distinct Census categories for 'Intersex', 'Transmen', and 'Transwomen' — moving beyond the existing single 'Other' or 'Transgender' classification.
The Advisory also sought equal inheritance, succession, housing and property rights for transgender and intersex persons without discrimination, and requested all departments to submit an Action Taken Report (ATR) within two months.
National Human Rights Commission (NHRC): Composition, Powers, and Limitations
The NHRC was established under the Protection of Human Rights Act, 1993 (amended in 2019), as a statutory quasi-judicial body. It investigates complaints of human rights violations by public servants, makes recommendations to governments, and can visit any institution under government control to assess conditions.
The Advisory 2.0 on transgender welfare is issued under NHRC's mandate to promote and protect human rights, with the Census recommendation directly addressing the invisibility of gender-diverse communities in national data.
NALSA v. Union of India (2014): Recognition of Transgender Rights
In National Legal Services Authority v. Union of India (NALSA) (2014), a two-judge bench of the Supreme Court recognised transgender persons as a "third gender" in law, affirmed their right to self-identify their gender without surgery, and directed the government to treat them as socially and educationally backward classes entitled to reservations.
The NHRC's push to create distinct Census categories for 'Intersex', 'Transmen', and 'Transwomen' operationalises the NALSA principle that gender-diverse identities must be visible in the state's administrative processes — the Census being the foundational data instrument.
Census of India: Constitutional and Legislative Basis
The Census of India is conducted under the Census Act, 1948, read with the Census Rules, 1990. The Office of the Registrar General and Census Commissioner of India, under the Ministry of Home Affairs, is responsible for its conduct. The Census collects data on population, literacy, religion, language, and social categories that inform policy decisions, resource allocation, and development planning.
The NHRC's recommendation targets a specific data gap — without disaggregated Census data, welfare entitlements for 'Transmen', 'Transwomen', and 'Intersex' persons remain invisible and underfunded, undermining the rights framework established by NALSA.
Transgender Persons (Protection of Rights) Act, 2019
The Transgender Persons (Protection of Rights) Act, 2019 was the first dedicated legislation for transgender rights in India, coming into force on 5 December 2019. It prohibits discrimination in education, employment, healthcare, access to public spaces, and housing.
The NHRC's Advisory 2.0 goes beyond the 2019 Act by seeking property/inheritance rights and granular Census categorisation — pushing for fuller implementation of the constitutional vision of NALSA.
- NHRC established under Protection of Human Rights Act, 1993; last amended in 2019.
- NHRC Advisory 2.0 issued on May 19, 2026; ATR requested from all departments within two months.
- NALSA v. Union of India (2014): Landmark Supreme Court judgment recognising transgender persons as "third gender" and directing reservations.
- Transgender Persons (Protection of Rights) Act, 2019 came into force on 5 December 2019.
- Census Act, 1948 governs the decennial Census; Census is a Union List subject (Entry 69, Seventh Schedule).
- The upcoming Census will be the first since 2011 (delayed from 2021).
- India's transgender population is estimated at over 4.8 lakh (2011 Census), though the true figure is considered significantly higher.
- NHRC can only recommend action, not enforce it; governments must respond or explain non-compliance.