NHRC seeks inclusion of distinct categories like ‘Intersex’, ‘Transmen’ & 'Transwomen' in upcoming Census

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, see...

What Happened

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.

Static Topic Bridges

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.

NHRC consists of: a Chairperson (retired Chief Justice of the Supreme Court), one retired Supreme Court Judge, one retired Chief Justice of a High Court, and two members with knowledge of human rights.
The 2019 amendment expanded the eligibility pool slightly, allowing retired judges of the Supreme Court (not just the Chief Justice) to head the NHRC.
NHRC can inquire suo motu or on a petition; it has the powers of a civil court (Section 13, Protection of Human Rights Act, 1993).
Key limitations: It cannot investigate complaints more than one year old; it can only recommend — not enforce — action; it cannot directly investigate violations by the armed forces (it may seek a report from the Central Government instead); and it has no powers against private individuals unless state action is implicated.
NHRC recommendations are not binding, but non-compliance must be explained by the government.

Connection to this news: 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.

NALSA v. Union of India, (2014) 5 SCC 438 — decided by Justices K.S. Radhakrishnan and A.K. Sikri.
The Court grounded transgender rights in Articles 14 (equality), 15 (non-discrimination), 16 (equality of opportunity), 19(1)(a) (freedom of expression including gender identity), and 21 (right to life and dignity).
The judgment expanded "sex" in Article 15(1) to include gender identity, prohibiting discrimination on grounds of gender identity and sexual orientation.
The Transgender Persons (Protection of Rights) Act, 2019 codified some NALSA directions but has been criticised for requiring a District Magistrate-led verification process before gender change — seen as contradicting NALSA's self-identification mandate.
The 2019 Act does not provide for reservations as NALSA directed.

Connection to this news: 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.

Census Act, 1948 governs the conduct of the decennial Census.
The Census is a Union subject (Entry 69, Union List, Seventh Schedule of the Constitution).
The Census collects data on Scheduled Castes and Scheduled Tribes (mandated under Articles 341 and 342 of the Constitution), OBCs, and religious minorities.
The upcoming Census (postponed from 2021 due to COVID-19) is expected to be the first to capture a richer gender identity dataset if the NHRC's recommendation is accepted.
Accurate Census classification of transgender and intersex persons is critical for evidence-based welfare targeting, budget allocations under schemes like PM-JANMAN, and inclusion in healthcare and educational programmes.

Connection to this news: 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 Act defines "transgender person" as someone whose gender does not match the gender assigned at birth, including trans-men, trans-women, intersex variations, and gender-queer persons.
Section 4: Every transgender person has a right to self-perceived gender identity.
However, the Act requires an application to the District Magistrate for a Certificate of Identity — contradicting the NALSA principle of surgical-free self-identification.
The Act does not provide the reservations in education and employment that NALSA directed.
The Act has been challenged before the Supreme Court; constitutional petitions arguing inconsistency with NALSA are pending.

Connection to this news: 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.

Key Facts & Data

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.