NHRC Issues Advisory 2.0 to Strengthen Rights and Welfare of Transgender Persons Across India

May 19, 2026 : The National Human Rights Commission (NHRC) has issued a comprehensive Advisory 2.0 aimed at strengthening the protection, inclusion and welfare of transgender persons across India. The advisory has been sent to the Secretaries of 11 Union Ministries, the Office of the Registrar General and Census Commissioner, and the Chief Secretaries and Administrators of all States and Union Territories, underscoring the Commission’s continued commitment to safeguarding the human rights of transgender and gender-diverse communities.

The advisory has been addressed 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 noted the positive response received from authorities following its earlier advisory issued on September 15, 2023. It acknowledged the government’s efforts, including the implementation of the Transgender Persons (Protection of Rights) Act, 2019, and various welfare schemes and policy initiatives designed to improve the socio-economic conditions of transgender persons.

However, based on its field visits, stakeholder consultations and reviews of policy implementation, the Commission observed that several persistent and emerging challenges continue to affect transgender individuals across the country. In view of these concerns, the NHRC has issued a fresh set of recommendations and directed all concerned authorities to implement them and submit an Action Taken Report (ATR) within two months.

The advisory focuses on ten key areas, including inclusive data collection, legal reforms, property rights, education, healthcare, workplace inclusion, protection of intersex children, welfare of elderly transgender persons and strengthening shelter facilities under the Garima Greh scheme.

One of the major recommendations is the inclusion of separate categories such as “Intersex,” “Transmen” and “Transwomen” in the upcoming Census of India and other national surveys. The Commission stated that accurate gender-disaggregated data is essential for evidence-based policymaking and targeted welfare interventions.

The NHRC has also recommended a review of laws such as the Registration of Births and Deaths Act, the Juvenile Justice Act and succession laws to ensure recognition of self-identified gender and to safeguard the rights of transgender and intersex persons. It further called for equal inheritance, succession, housing and property rights without discrimination.

To strengthen legal protections, the Commission has urged the development of detailed Standard Operating Procedures (SOPs) for police and correctional institutions concerning arrest, detention, interrogation, searches, imprisonment and access to gender-affirming healthcare. It also recommended dedicated legal aid cells, helplines and independent grievance redressal mechanisms for transgender persons facing discrimination, violence or custodial abuse.

In the education sector, the advisory advocates admission of transgender students based on self-identified gender without requiring medical certification. It also recommends the creation of gender-neutral facilities and institutional grievance redressal systems to foster inclusive learning environments.

Recognising the need for greater awareness and sensitivity, the NHRC has called for mandatory gender-sensitisation training for teachers, counsellors, police personnel, prison staff, judicial officers and healthcare professionals to reduce discrimination and promote inclusion.

The advisory further recommends the development of standardised and ethical medical protocols for gender-affirming healthcare, regulation of Sex Reassignment Surgery costs and equal insurance coverage for transgender healthcare services. It also stresses that coercive or non-consensual medical procedures on intersex children should be prohibited except in life-saving circumstances, while ensuring counselling and psychosocial support for parents.

On workplace inclusion, the Commission has recommended gender-neutral facilities, inclusive human resource policies, workplace grievance mechanisms and mandatory diversity disclosures. Special welfare measures have also been proposed for elderly transgender persons, including simplified documentation procedures, self-identification-based enrolment in welfare schemes and the establishment of transgender-inclusive old-age homes and community shelters that ensure privacy, healthcare access, social engagement and emotional well-being.

The NHRC said the latest advisory seeks to build on existing legal and policy frameworks while addressing critical gaps that continue to affect transgender persons. Through these measures, the Commission aims to advance equality, dignity and social inclusion for transgender and gender-diverse communities across the country.

The link to the detailed advisory is: https://nhrc.nic.in/assets/uploads/other_advisories/1779115826_649e8e4ffb525458ca0a.pdf