NHRC seeks inclusion of ‘Intersex’, ‘Transmen’, ‘Transwomen’ in Census

The NHRC has recommended inclusion of categories like ‘Intersex’, ‘Transmen’ and ‘Transwomen’ in the upcoming Census of India. As part of Advisory 2.0, it urged ministries and states to ensure equal rights in property, education, healthcare, and workplace inclusivity for transgender and intersex persons.

New Delhi: The National Human Rights Commission (NHRC) has recommended the inclusion of distinct categories such as ‘Intersex’, ‘Transmen’ and ‘Transwomen’ in the upcoming Census of India, an official said on Tuesday.

The NHRC’s suggestion is a part of Advisory 2.0 for government departments to ensure the welfare of transgender persons and includes measures like ensuring equal inheritance, succession, housing and property rights for transgender and intersex persons without discrimination.

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Apart from facilitating admission of transgender students in educational institutions on self-identified gender, the Advisory also called for a review of laws, including the Registration of Births and Deaths Act, Juvenile Justice Act and succession laws, to ensure recognition of self-identified gender and protection of the rights of transgender and intersex persons.

The Commission issued the advisory to the Secretaries of 11 Ministries, the Office of the Registrar General & Census Commissioner and the Chief Secretaries/ Administrators of all the states and Union Territories as part of its continuing efforts to protect and promote their human rights.

The Advisory has been issued to the Ministries of 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 urged all authorities to implement the recommendations contained in the Advisory and furnish an Action Taken Report (ATR) within two months.

Issuing the Advisory, the Commission has noted the encouraging responses from all concerned authorities to its earlier Advisory of September 15, 2023 and the constructive engagement reflecting a shared commitment to this cause.

It also acknowledged the initiatives undertaken by the Government, including the enactment of the Transgender Persons (Protection of Rights) Act 2019, along with allied schemes and policy measures aimed at improving their socio-economic conditions.

Based on the NHRC’s continued engagements, including field interactions, stakeholder consultations and reviews of implementation, the Commission has identified a range of persistent and emerging challenges affecting transgender persons. Therefore, the Commission found it necessary and opportune to issue another set of recommendations to further enhance their welfare. Accordingly,

The Advisory focuses on ten key areas for action to ensure the welfare of transgender persons. These include integrating gender diversity in national data systems, reviewing laws/ rules/ policies to ensure gender inclusivity, building an inclusive legal framework, right to property, right to education, healthcare, inclusivity at the workplace, safeguarding the rights of children with diverse sex characteristics and gender identities/ expressions, safeguarding the rights of elderly transgender persons and strengthening Garima Greh shelters, said the statement.