NHRC seeks inclusion of distinct categories like ‘Intersex’, ‘Transmen’ & 'Transwomen' in upcoming Census

NEW DELHI: The National Human Rights Commission (NHRC) has asked the govt to consider including distinct categories such as ‘Intersex,’ ‘Transmen,’ and ‘Transwomen’ in Census 2027.

In an advisory on ensuring welfare of transgender persons issued last week, the Commission has also asked the govt to reconsider changes made to the definition of transgender persons under recent amendments to the law, which have been challenged through multiple petitions in the Supreme Court.

During enumeration of Census 2011, for the first time provided the option to people to identify as "other" besides male and female. At that time the Census exercise did not collect any data specifically on ‘transgender’. Thus, the category of ‘other’ would not only include ‘transgender’ but also any person who desired to record sex under the category of ‘other’. The population of ‘other’ as per Census 2011 was recorded at 4,87,803.

Meanwhile, NHRC which had also issued an advisory on ensuring welfare of transgender persons in 2023, has said the second advisory aims to complement the earlier one in view of “evolving needs and aspirations of transgender persons”.

The advisory is addressed to secretaries of 11 ministries, Office of the Registrar General & Census Commissioner and chief secretaries and administrators of all states and Union territories.

It states that efforts should be made to ensure that intersex persons are explicitly recognised in all data collection processes and not automatically subsumed under the ‘transgender persons’ category. “This inclusion must be accompanied by comprehensive sensitisation and training of enumerators to ensure accurate and respectful data collection,” the advisory says.

Asking the govt to consider including distinct categories such as ‘Intersex,’ ‘Transmen,’ and ‘Transwomen’ in the upcoming Census, NHRC has also recommended that a similar framework be adopted across other national data collection mechanisms — such as National Family Health Survey (NFHS), Periodic Labour Force Survey (PLFS) and Unified District Information System for Education Plus (UDISE+).

On definition of transgender persons, the Commission said, “The Transgender Persons (Protection of Rights) Amendment Act 2026 revises the definition of transgender persons, shifting the earlier model based on self-perceived gender identification to a more medicalised framework. 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,” it added.

NHRC also called for review of laws, including 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.

It has also sought simplifying the documentation process and enabling self-identification-based enrolment for elderly transgender persons in welfare schemes, and establishing transgender-inclusive old-age homes and community shelters, ensuring privacy, healthcare access, social interaction and emotional well-being.