National Human Rights Commission (NHRC) issues Advisory 2.0 to states and UTs to ensure the welfare of transgender persons | Current Affairs | Vision IAS

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ESC

In Summary

  • Advisory highlights concerns for transgender persons' education, health, property, and legal rights, noting the 2026 Act excludes self-perceived identities.
  • Challenges include exclusion of trans-men and non-binary individuals, low literacy (56.07%), and low formal employment (6%).
  • Advisory recommends including 'Intersex' and 'Transmen' in surveys, legal reforms, educational inclusion based on self-identified gender, and protection for intersex children.

In Summary

Advisory highlights concerns related to education, health, property, and legal rights of transgender persons. 

Transgender Person in India 

  • Transgender Persons (Protection of Rights) Amendment Act, 2026: defines them as Persons with socio-cultural identities (kinner, hijra, aravani, jogta, eunuch), biological variations, or those forced into transgender identity 
    • excludes self-perceived gender identities or sexual orientations. 
  • Status: As per 2011 Census, ~4.88 lakh persons identified as third gender
  • Challenges Faced 
    • Exclusion: 2026 act excludes trans-men, non-binary people, and gender-queer individuals from legal protection
    • Education:  literacy rate for transgender persons is 56.07%, significantly lower than the national average of 74.04%
    • Employment: only 6% are formally employed. 
  • Advisory 1.0 was issued in 2023. 

Key highlights of Advisory

  • Inclusion of distinct categories: such as ‘Intersex,’ ‘Transmen,’ etc. in the Census and surveys and separate from ‘transgender persons’ category. 
    • Intersex individuals are born with sex characteristics (Reproductive organs, chromosonal patterns Sexual anatomy etc.) that do not fit typical binary notions of male or female bodies (UN Human Rights Office of the High Commissioner). 
    • Transman is a man who was assigned female at birth ie. despite physical characteristics of female, their gender identity is male
  • Legal Reform: review laws, like Registration of Births and Deaths Act 1969, Juvenile Justice Act 2015, and succession laws, to ensure recognition of self-identified gender
  • Educational Inclusion: Admission to institutions based on self-identified gender without requiring medical proof, along with gender neutral facilities 
  • Right to Inheritance: Ensuring equal inheritance, succession, and housing rights without discrimination
  • Protection of Intersex Children: Prohibiting coercive or non-consensual medical procedures on them, except in life-saving situations.
  • Legal Support: Establishing dedicated legal aid cells, helplines and independent grievance-redressal mechanisms for transgender and gender-diverse persons facing discrimination, violence or custodial abuse;
  • Others: establishing transgender-inclusive community shelters, gender-sensitisation training for teachers, etc.
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Gender-neutral facilities

Facilities such as restrooms or changing rooms that are designed for use by people of any gender identity. The advisory advocates for their establishment in educational institutions for the inclusion of transgender and gender-diverse students.

Juvenile Justice Act 2015

This act deals with children in need of care and protection and those in conflict with the law. The advisory suggests a review of this act to ensure it caters to the needs of transgender and gender-diverse juveniles.

Registration of Births and Deaths Act 1969

A law that governs the registration of births and deaths in India. The advisory recommends a review of this act to ensure it recognizes self-identified gender for transgender and gender-diverse individuals.

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