NHRC asks Centre to review laws to ensure Gender Inclusivity

Why in News? 

The National Human Rights Commission of India (NHRC) 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.  

Recommendations of NHRC: 

Reconsider Medical Procedures for Gender Certification: 

• The NHRC expressed concern over the removal of the principle of self-perceived gender identity in the Transgender Persons (Protection of Rights) Amendment Act, 2026. It recommended reconsideration of provisions that require medical procedures for gender certification. 

Also Read: https://anantamias.com/current-affairs/transgender-persons-protection-of-rights-amendment-act-2026/ 

Gender-Inclusive Census Enumeration: 

• The NHRC recommended that the ongoing Census 2027 exercise should separately enumerate: Intersex persons, Transmen and Transwomen. It would enable accurate disaggregated data collection and help evidence-based policymaking. 

Admission in Educational Institutions based on Self-Identification: 

• The NHRC advised that transgender and gender-diverse students should be admitted based on self-identified gender without requiring medical proof. 

Review of Existing Laws: 

The NHRC recommended reviewing multiple laws to make them gender-inclusive. 

• The Registration of Births and Deaths Act should be amended to incorporate gender-inclusive procedures and recognition of self-identified gender.
• Juvenile Justice (Care and Protection of Children) Act to explicitly include gender non-conforming children, and provide for gender-affirming placements. 
• Succession and Property Laws: NHRC called for equal inheritance and housing rights for transgender and intersex persons.

Sensitisation and Institutional Reforms: 

The NHRC recommended:

• Gender-sensitisation training for police, teachers, healthcare workers, and judicial officers
• Dedicated legal aid cells
• Independent grievance redressal systems
• Standard Operating Procedures (SOPs) for prisons and correctional institutions.

About the National Human Rights Commission of India: 

• The National Human Rights Commission (NHRC) is a statutory body established in 1993 under the Protection of Human Rights Act, 1993 (PHRA).
• It functions as India’s apex human rights institution and is responsible for the protection and promotion of human rights in the country. The Act defines human rights as rights relating to Life, Liberty, Equality and Dignity of the individual. 
• These rights are guaranteed by the Constitution of India, or the International Covenants enforceable by Indian courts. NHRC is often described as the “watchdog of human rights” in India.

India’s NHRC has also been accredited with “A-status” by the Global Alliance of National Human Rights Institutions (GANHRI), which signifies compliance with the Paris Principles relating to independence and effectiveness of national human rights institutions.

Composition of NHRC: 

The Commission consists of: A Chairperson, Full-time Members, and Ex officio Members. 

• The Chairperson must be: A former Chief Justice of India, or a Judge of the Supreme Court. 
• Full-Time Members: The NHRC includes:
  • One member who is, or has been, a Judge of the Supreme Court.
  • One member who is, or has been, the Chief Justice of a High Court.
  • Three members possessing knowledge of, or practical experience in, matters relating to human rights.
  • At least one of the three human rights expert members must be a woman.
• Ex officio Members: The Chairpersons of the following national commissions act as ex officio members of NHRC:
  • National Commission for Scheduled Castes
  • National Commission for Scheduled Tribes
  • National Commission for Women
  • National Commission for Minorities
  • National Commission for Backwards Classes
  • National Commission for Protection of Child Rights
  • Chief Commissioner for Persons with Disabilities
  • Appointment of Chairperson and Members
• The Chairperson and members are appointed by the President of India on the recommendations of a committee headed by the Prime Minister. 
• Tenure: Under the Protection of Human Rights (Amendment) Act, 2019: Chairperson and members hold office for 3 years or until attaining the age of 70 years, whichever is earlier. They are eligible for reappointment.

UPSC PYQ 2023

Q. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

UPSC PYQ 2020

Q. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (d)

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