The NHRC has issued a new advisory recommending legal, educational, healthcare and policy reforms to improve protections for transgender persons in India.
New Delhi, May 18: The National Human Rights Commission (NHRC) has issued a fresh advisory to the Centre, States and Union Territories recommending a series of legal, institutional and policy reforms aimed at strengthening the rights and welfare of transgender and gender-diverse persons across the country.
According to the advisory, the Commission has asked all concerned authorities to implement the recommendations and submit an Action Taken Report within two months. The advisory was issued on May 18 and circulated to multiple ministries, including the Ministries of Social Justice and Empowerment, Home Affairs, Education, Health and Family Welfare, Women and Child Development, Labour and Employment, along with all State Chief Secretaries.
The NHRC said the new advisory builds upon its earlier recommendations issued in September 2025 and follows a series of field visits, stakeholder consultations and institutional reviews carried out by the Commission. As part of the exercise, NHRC officials visited all 12 Garima Greh shelters established under the SMILE Scheme of the Ministry of Social Justice and Empowerment and later prepared a report titled “Transgender Persons: Revamping Spaces, Reclaiming Voices – Insights from Garima Greh Shelters and Beyond”.
The Commission stated that while several initiatives have been undertaken under the Transgender Persons (Protection of Rights) Act, 2019 and related schemes, its continued engagements revealed “persistent and emerging challenges” faced by transgender and intersex persons in different sectors.
A major focus of the advisory is on improving gender-inclusive data collection systems. According to the NHRC, authorities may consider introducing separate categories such as “Intersex”, “Transmen” and “Transwomen” in the upcoming Census of India scheduled to commence in March 2027. The Commission also recommended similar frameworks for national surveys including the National Family Health Survey (NFHS), Periodic Labour Force Survey (PLFS), Unified District Information System for Education Plus (UDISE+), All-India Survey on Higher Education (AISHE) and National Sample Survey Office (NSSO) surveys.
The advisory noted that intersex persons should not automatically be subsumed under the broader transgender category and stressed the need for sensitisation and training of enumerators to ensure accurate and respectful data collection. It further recommended collecting age-wise and gender-disaggregated data to support evidence-based policymaking.
The Commission also called for reviewing several laws and policies to ensure gender inclusivity. According to the advisory, the Registration of Births and Deaths Act, the Juvenile Justice Act and corresponding rules may be amended to recognise self-identified gender and explicitly include gender non-conforming children.
The NHRC further recommended amendments to inheritance and succession laws such as the Hindu Succession Act and Indian Succession Act to explicitly include transgender and intersex persons within definitions like “son”, “daughter”, “heir” and “family”. The advisory said gender transition or reclassification should not affect existing or future inheritance rights.
Referring to the Transgender Persons (Protection of Rights) Amendment Act, 2026, the Commission noted that concerns had been raised by sections of the transgender community regarding what they viewed as a shift from self-identification towards a more medicalised framework. In this context, the NHRC said authorities may revisit these concerns to ensure the framework remains “inclusive, rights-affirming, and sensitive to diverse lived experiences.”
The advisory also recommended reforms in policing, prisons and judicial systems. The Commission suggested revising training modules for police personnel, prison staff and judicial officers to incorporate gender sensitivity, intersectional discrimination and international human rights standards, including the Yogyakarta Principles.
According to the NHRC, a comprehensive Standard Operating Procedure (SOP) should be developed for police and correctional institutions dealing with transgender and gender-diverse persons during arrest, detention, interrogation and imprisonment. The proposed SOP includes provisions for respectful conduct during custody, search procedures based on preferred gender, safe placement in correctional facilities, confidentiality of medical information and access to gender-affirming healthcare and mental health support.
The Commission also recommended updating police and prison record systems to include non-binary gender categories in FIRs, charge sheets and correctional databases. It further suggested setting up dedicated legal aid cells and helplines through the National Legal Services Authority (NALSA) and State Legal Services Authorities to assist transgender persons facing discrimination, violence or legal difficulties.
In the education sector, the NHRC recommended ensuring free and compulsory education for transgender children up to 14 years under the Right to Education Act. Educational institutions were advised to admit transgender and gender-diverse students based on self-identified gender without insisting on medical or legal proof. The advisory said transgender certificates issued by competent authorities should be accepted as valid proof of identity.
The Commission also proposed gender-neutral restrooms, hostels and uniforms in schools and colleges while allowing students to choose attire consistent with their gender identity. It further recommended mandatory gender-sensitisation programmes for teachers, principals, counsellors and administrative staff through SCERTs, DIETs and UGC-affiliated institutions.
Healthcare reforms form another major component of the advisory. According to the NHRC, standardised medical protocols should be developed for gender-affirming care, including hormonal therapy, surgeries and psychological counselling. The Commission also recommended regulating the cost of sex reassignment surgeries to prevent financial exploitation by private healthcare providers.
The advisory said hospitals providing such procedures should have adequate infrastructure and qualified personnel, and suggested introducing licensing mechanisms for institutions offering gender-affirming healthcare services. The Commission also recommended equal insurance coverage and non-discriminatory claim processing for transgender healthcare.
The NHRC further called for a ban on coercive or non-consensual medical procedures on intersex infants and children below 18 years except in life-saving situations. It stated that any medically necessary intervention should be preceded by the opinion of a State-level multidisciplinary panel, in line with the Kerala High Court judgment of 2023.
On workplace inclusion, the Commission recommended expanding the role of Internal Complaints Committees under the POSH Act to address complaints involving gender-non-conforming individuals. It also said transgender employees should not face termination solely for undergoing sex reassignment surgery unless the nature of employment directly depends on binary gender identity.
The advisory further proposed mandatory disclosures on workforce diversity, inclusive workplace infrastructure such as gender-neutral restrooms, employee support groups, scholarships and comprehensive reviews of recruitment and retention practices to ensure inclusion of all gender identities.
A separate section of the advisory deals with safeguarding the rights of children with diverse sex characteristics and gender identities. The Commission proposed replacing the binary “sex” field in birth registration forms with broader options including “Intersex”, “Indeterminate/Not specified at birth” and “Prefer not to state at birth”. It also recommended allowing correction of such records later through a non-medical process without requiring surgery or medical certification.
The NHRC also called for dedicated childcare institutions for children with diverse sex characteristics and recommended measures to prevent forced separation of children from parents by community-based organisations. States were advised to ensure prompt investigation and prosecution in cases involving violence, assault or so-called mercy killings targeting such children.
The advisory additionally addressed the concerns of elderly transgender persons. According to the Commission, documentation and verification procedures for pensions, health insurance and welfare schemes should be simplified and based on self-identification without intrusive medical verification. The NHRC also proposed transgender-inclusive old-age homes and community shelters with access to healthcare and emotional support services.
The Commission has requested all concerned authorities to consider the recommendations and take appropriate steps for implementation. The advisory was issued under the signature of NHRC Secretary General Bharat Lal.
