Inheritance Rights of Transgender Persons in India

Abstract 

Trans people in India have their own set of struggles, societal norms being one of them. They have to face marginalization, discrimination, and various other social challenges for not being a part of binary gender norms. It is important to understand the complex behavior of transgender identities so that effective strategies can be developed for their protection. In 2014, the Hon’ble Supreme Court of India legally recognized transgenders as the third gender which gave them rights to be socially included and get access to healthcare, employment, education, and other welfare schemes. The literature reveals the urgent need for legislation to improve the inheritance rights of transgender persons in India to protect them from social exclusion and provide them with equitable treatment. The NALSA judgment and the Transgender Persons (Protection of Rights) Act, 2019 have been implemented to include transgenders in society by reducing the challenges faced by them. The inheritance rights for transgender persons in India reflect the challenges faced by them to get legal recognition for property succession along with the right to marriage and the right to adopt a child. Even after legal recognition and various provisions in favor of transgender persons, there is still a need for reforms to improve their overall well-being and include them socially.

Introduction 

Transgender persons are part of the most marginalized section of our Indian society. As they do not fit into the binary gender norms, they are often discriminated against, and forced to leave their homes and live in shelter homes. They face multiple issues like unemployment, lack of education, homelessness, lack of medical facilities, depression, hygiene issues, and problems related to marriage, adoption, and property. 

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Author: Divya Aggarwal