NHRC asks Center to review changes in trans laws and ‘reconsider’ community concerns over self-identification

India’s National Human Rights Commission has asked the Union government to “review” laws to “ensure gender inclusiveness”, including the latest amendments to the Transgender Persons (Protection of Rights) Act. The NHRC noted that the amendments, which remove transgender people’s right to a “self-perceived gender identity,” had raised concerns among community members, adding, “It may be appropriate for the authorities to consider reassessing these concerns.”

It also recommended that the population census phase of the ongoing Census 2027 exercise include distinct categories for “intersex”, “transmen” and “transwomen” so that accurate disaggregated data can be collected and maintained.

EXPLAINED | What are the proposed amendments to the Transgender Persons (Protection of Rights) Act, 2019

Focus on self-identification

In a detailed recommendation issued on Monday, the NHRC said that transgender and gender-diverse students should be admitted to educational institutions on the basis of self-identified gender and recommended that senior transgender persons be enrolled in identity cards based on self-identification.

This emphasis on self-identification appears to be at odds with the latest changes to the Trans Rights Act, introduced by the Union Ministry of Social Justice amid widespread protests and resignations from the government’s own National Transgender Council.

The new amendments, approved by parliament in March, specifically removed a clause that codified the right of transgender people to a “self-perceived gender identity” and set out a medical process through which gender certificates are to be issued. The Ministry of Social Justice justified the change by claiming that “self-identification” creates barriers to identifying “genuine beneficiaries”.

The NHRC recommendation issued to 11 Union ministries and all state and UT governments to “ensure welfare of transgender persons” is an update of its 2023 recommendation on the same subject. It ordered governments to submit action reports on its latest recommendations within two months.

Also read | SC marks “risk” of abuse in transgender self-identification debate

“Ensure an inclusive framework”

Referring to the 2026 changes to the Trans Rights Act, the NHRC said: “These developments have led to concerns among certain sections of the community, particularly regarding its implications for recognition and rights. In this context, it may be appropriate for the authorities to consider reassessing these concerns to ensure that the framework remains inclusive, rights-affirming and sensitive to diverse lived experiences.”

In addition, the NHRC recommended that schools and educational institutions provide gender-neutral toilets, hostels and uniforms, and also stated that institutions “may admit transgender and gender diverse students on the basis of self-identified gender without requiring medical or legal proof”.

The rights body said the gender certification process for older transgender people should be based on “self-identification without subjecting applicants to intrusive or medically invasive verification processes.” The NHRC has placed similar emphasis on self-identification and gender-neutral spaces in processes involving prisoners and correctional institutions.

Also read | Transgender communities across India are demanding the withdrawal of the Bill to redefine trans people

Other laws to review

The NHRC called for a review of other laws such as the Birth and Death Registration Act, which it said should be amended to “include gender inclusive procedures and gender recognition”. In the proposed wordings for birth certificates, the NHRC recommended that the forms include options for ‘male’, ‘female’, ‘intersex’, ‘unspecified/not stated at birth’ and ‘prefer not stated at birth (to be updated later)’ under the ‘gender’ category.

He also called for the Juvenile Justice (Care and Protection of Children) Act to be revised to “explicitly include gender non-conforming children” and provide for “gender affirmed placements”. The rights body also called for revision of personal and secular laws such as the Hindu Succession Act to “explicitly include transgender and intersex persons in the definitions of ‘son’, ‘daughter’, ‘heir’ and ‘family, and ensure equal rights to inheritance and succession’.”

The NHRC also recommended that states and UTs set up specialized childcare institutions for children with different sexual characteristics and gender identities, “with at least one pilot home in each state and Union territory”.

Also read | The Transgender Bill and the Question of Identity: Who Gets to Define Trans Life?

Gender-affirming health care

She called for the creation of specific guidelines, rules and standard operating procedures for gender-affirming healthcare, adding that healthcare institutions should not perform “irreversible” gender-affirming procedures on an intersex child until they are legally competent to give consent.

The advice covered the necessary review of laws, building an inclusive legal framework, ensuring trans people’s right to education, right to health care, right to property, ensuring inclusive workplaces, strengthening shelters for trans people and ensuring the rights of children with different sexual characteristics and gender identities/expressions.

Published – 19 May 2026 22:17 IST