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

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

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

Self-identification focus

In a detailed advisory issued on Monday, the NHRC said that transgender and gender-diverse students should be admitted to educational institutions based on self-identified gender, and recommended that elderly transgender persons be enrolled for identity certificates based on self-identification.

This emphasis on self-identification appears to contradict the most recent changes to the trans rights law, brought in by the Union Social Justice Ministry to widespread protests and resignations from the government’s own National Council for Transgender Persons.

The new amendments, passed by Parliament in March, specifically removed a clause that codified transgender people’s right to a “self-perceived gender identity”, and provided for a medical process through which gender certificates are to be issued. The Social Justice Ministry has justified the change, claiming that “self-identification” was creating hurdles in identifying the “real beneficiaries”.

The NHRC’s advisory, issued to 11 Union Ministries and all State and UT governments for “ensuring the welfare of transgender persons”, is an update to its 2023 advisory on the same subject. It has directed governments to submit action taken reports on its latest advisory within two months.

Also Read | SC flags ‘risk’ of misuse in transgender self-identification debate

‘Ensure inclusive framework’

Referring to the 2026 amendments to the trans rights law, the NHRC said, “This development has 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 revisiting these concerns with a view to ensuring that the framework remains inclusive, rights-affirming, and sensitive to diverse lived experiences.”

In addition, the NHRC has recommended that schools and educational institutions provide for gender-neutral restrooms, hostels, and uniforms, and also said that institutions “may admit transgender and gender-diverse students based on self-identified gender, without requiring medical or legal proof”.

The rights body said that the gender certification process for elderly transgender people should be done on the “basis of self-identification, without subjecting applicants to intrusive or medically invasive verification processes”. The NHRC placed similar emphasis on self-identification and gender-neutral spaces in processes involving prison inmates and correctional institutes as well.

Also Read | Transgender communities across India demand withdrawal of Bill to redefine trans people

Other laws to be reviewed

The NHRC called for a review of other laws like the Registration of Births and Deaths Act, which it said should be amended to “incorporate gender-inclusive procedures and recognition of self-identified gender”. In suggested wordings for birth certificates, the NHRC recommended that the forms include options for “male”, “female”, “intersex”, “indeterminate/not specified at birth”, and “prefer not to state at birth (to be updated later)” under the category of “sex”.

It also called for reviewing the Juvenile Justice (Care and Protection of Children) Act to “explicitly include gender non-conforming children”, and provide for “gender-affirming placements”. The rights body also called for reviewing personal and secular laws like the Hindu Succession Act to “explicitly include transgender and intersex persons within the definitions of ‘son,’ ‘daughter,’ ‘heir,’ and ‘family, ensuring equal rights to inheritance and succession”.

The NHRC also recommended that States and UTs set up dedicated childcare institutions for children with diverse sex characteristics and gender identities, “with at least one pilot home in each State and Union Territory”.

Also Read | The Transgender Persons Amendment Bill and the question of identity: Who gets to define a trans life?

Gender-affirming healthcare

It asked for specific guidelines, rules, and SOPs to be established for gender-affirming healthcare, adding that medical institutions should not be performing “irreversible” gender-affirming procedures on an intersex child until they are legally capable of consenting to it.

The advisory covered the necessary review of laws, building an inclusive legal framework, ensuring trans people’s right to education, right to healthcare, right to property, making workplaces inclusive, strengthening shelter homes for trans people, and safeguarding the rights of children with diverse sex characteristics and gender identities/expressions.

Published – May 19, 2026 10:17 pm IST

Retired Supreme Court judge V Ramasubramanian was on Monday appointed the new chairman of the National Human Rights Commission or NHRC, the nodal body which can inquire into violations of human rights by government or a public servant.

The post of NHRC chairperson had been lying vacant since former Supreme Court Justice (retd) Arun Kumar Mishra completed his tenure on June 1. Vijaya Bharathi Sayani, a member of the NHRC, became its acting chairperson after Justice Mishra retired.

A former chief justice of India or a retired judge of the Supreme Court are appointed as NHRC chairperson by the President on the recommendation of the selection committee. Former CJIs HL Dattu and KG Balakrishnan have been at the helm of the rights body in the past. 

Former chief justice of India DY Chandrachud on Friday said media reports of him being considered for the National Human Rights Commission chairperson’s post were “untrue”.

On December 18, a high-powered committee led by Prime Minister Narendra Modi held a meeting to select the next chairperson of NHRC. Congress president Mallikarjun Kharge and party leader Rahul Gandhi attended the meeting as leaders of the Opposition in Rajya Sabha and Lok Sabha, respectively.

New Delhi:

Dismissing reports of him being considered for the post of the chairperson of the National Human Rights Commission, former Chief Justice of India DY Chandrachud has said rumours are being spread and that he is enjoying his retired life as a private citizen. 

The National Human Rights Commission (NHRC) has been without a full-time chairperson since former Supreme Court judge Justice Arun Kumar Mishra finished his tenure on June 1. A high-level committee led by Prime Minister Narendra Modi and also comprising Home Minister Amit Shah and the Leaders of the Opposition in the Lok Sabha and Rajya Sabha, Rahul Gandhi and Mallikarjun Kharge,  had met on Wednesday to consider names for the new chief of the panel.

When Justice Chandrachud was asked about reports claiming that he was in contention for the post, he told NDTV: “It is just a rumour. Nobody has spoken to me about this and I am loving my life as a private citizen. I am enjoying my retired life.”

Justice Chandrachud, who was the 50th Chief Justice of India, demitted office on November 10. During his two-year tenure as the Chief Justice, he headed the Constitution bench which upheld the scrapping of Article 370, which gave special status to Jammu and Kashmir, and also led the bench which ordered the dismantling of the electoral bonds scheme. 

The NHRC, which is headed by a former Chief Justice of India or a retired Supreme Court judge, currently has one of its members, Vijaya Bharathi Sayani, serving as the acting chairperson. 

Former Chief Justice HL Dattu was appointed the chairperson of the panel in 2016 and former Chief Justice KG Balakrishnan also served as its head between 2010 and 2016.