The National Human Rights Commission (NHRC) has advised the government to consider including distinct categories such as 'Intersex,' 'Transmen,' and 'Transwomen' in the upcoming Census 2027. In an advisory issued last week on ensuring the welfare of transgender persons, the Commission also urged the government to reconsider recent amendments to the definition of transgender persons, which have been challenged through multiple petitions in the Supreme Court.
Background on Census Data Collection
During the Census 2011 enumeration, for the first time, individuals were given the option to identify as 'other' besides male and female. However, no specific data on transgender persons was collected. The 'other' category included not only transgender individuals but also anyone who chose to record their sex under that category. As per Census 2011, the population of 'other' was recorded at 487,803.
NHRC's Advisory and Recommendations
The NHRC, which had previously issued an advisory on transgender welfare in 2023, stated that the second advisory aims to complement the earlier one in view of the evolving needs and aspirations of transgender persons. The advisory is addressed to secretaries of 11 ministries, the Office of the Registrar General and Census Commissioner, and chief secretaries and administrators of all states and Union territories.
The advisory emphasizes that efforts should be made to ensure that intersex persons are explicitly recognized in all data collection processes and not automatically subsumed under the 'transgender persons' category. It states, 'This inclusion must be accompanied by comprehensive sensitisation and training of enumerators to ensure accurate and respectful data collection.'
The NHRC has also recommended that a similar framework be adopted across other national data collection mechanisms, such as the National Family Health Survey (NFHS), Periodic Labour Force Survey (PLFS), and Unified District Information System for Education Plus (UDISE+).
Definition of Transgender Persons
Regarding the definition of transgender persons, the Commission noted that the Transgender Persons (Protection of Rights) Amendment Act 2026 revises the definition, shifting from a model based on self-perceived gender identification to a more medicalized framework. This has raised concerns among certain sections of the community, particularly regarding its implications for recognition and rights.
The NHRC added, 'In this context, it may be appropriate for the authorities to consider revisiting these concerns with a view to ensuring that the framework remains inclusive, rights-affirming, and sensitive to diverse lived experiences.'
Other Recommendations
The NHRC 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 rights of transgender and intersex persons. The Commission has sought simplifying the documentation process and enabling self-identification-based enrollment for elderly transgender persons in welfare schemes. Additionally, it recommended establishing transgender-inclusive old-age homes and community shelters that ensure privacy, healthcare access, social interaction, and emotional well-being.
