The Tamil Nadu government has announced the State Policy for Transgender Persons, 2025, featuring a significant suggestion to amend the Hindu Succession Act, guaranteeing equal inheritance rights for transgender and intersex individuals
Reasons for Reforming the Hindu Succession Act?
Binary by Nature: The Hindu Succession Act of 1956 regulates inheritance for Hindus, Buddhists, Jains, and Sikhs.
It acknowledges heirs as male or female, but transgender and intersex individuals are frequently barred from succession rights unless they legally identify as male or female, thereby excluding non-binary identities.
Outcomes:
Transgender people frequently face denial of property rights in familial settings.
Numerous individuals encounter homelessness or financial instability because of insufficient inheritance.
Constitutional Conflict: The Act’s dual framework is at odds with Article 15 of the Constitution, which prohibits discrimination based on sex, including gender identity.
Judicial Silence: Even after the Supreme Court’s historic NALSA v. Union of India (2014) decision confirming the right to self-identify as a third gender, inheritance laws continue to be binary and discriminatory.
Legal disputes, like the Mafatlal Case (2005), emphasize the necessity for change.
Worldwide Outlook
Nations such as Pakistan and Bangladesh have implemented inheritance rights for transgender individuals.
India, in spite of its advanced judicial position, falls short in formalizing these rights within personal laws.
Wider Importance
Progressive Social Policy: Tamil Nadu has a longstanding history of being forward-thinking regarding transgender matters (for instance, past welfare programs for transgender individuals and formal acknowledgment).
It is the initial state to establish a Transgender Welfare Board; the first to provide a third gender choice in college applications and acknowledges transgender individuals as socially and educationally marginalized, qualifying for affirmative action.
Alignment with National Law: The policy enhances the Transgender Persons (Protection of Rights) Act, 2019, bolstering its execution at the state level.
Human Rights and Inclusion: These clauses promote constitutional rights including equality (Article 14), non-discrimination (Article 15), and the right to live with dignity (Article 21).
Framework for Other States: The policy in Tamil Nadu may act as a standard for other states to create customized strategies for the transgender community
Police aspirant lynched in Maharashtra village over alleged interfaith link
Architect of Modern India: Nitin Gadkari — An Engineering Vision for the Nation
Shilpa Shetty, Raj Kundra booked for ₹60 crore fraud; Mumbai businessman alleges ‘personal misuse’ of funds
Work, Lead, Inspire: Top leadership courses by IIM Calcutta for working professionals
18th International Olympiad in Astronomy and Astrophysics
Shilpa Shetty, Raj Kundra booked for ₹60 crore fraud; Mumbai businessman alleges ‘personal misuse’ of funds
PM Modi unlikely to attend UNGA as US tensions, Zelensky meeting buzz grow
7 children among 11 dead as pilgrims’ pickup slams into parked truck in Rajasthan’s Dausa
Congress MP Rahul Gandhi flags ‘fake’ voter addresses as EC defends use of notional house numbers
Are We Raising Thinkers or Followers? This International Youth Day Calls for a Generation of Creative and Critical Thinkers
Police aspirant lynched in Maharashtra village over alleged interfaith link
Architect of Modern India: Nitin Gadkari — An Engineering Vision for the Nation
Shilpa Shetty, Raj Kundra booked for ₹60 crore fraud; Mumbai businessman alleges ‘personal misuse’ of funds
Work, Lead, Inspire: Top leadership courses by IIM Calcutta for working professionals
18th International Olympiad in Astronomy and Astrophysics
Shilpa Shetty, Raj Kundra booked for ₹60 crore fraud; Mumbai businessman alleges ‘personal misuse’ of funds
PM Modi unlikely to attend UNGA as US tensions, Zelensky meeting buzz grow
7 children among 11 dead as pilgrims’ pickup slams into parked truck in Rajasthan’s Dausa
Congress MP Rahul Gandhi flags ‘fake’ voter addresses as EC defends use of notional house numbers
Are We Raising Thinkers or Followers? This International Youth Day Calls for a Generation of Creative and Critical Thinkers
Copyright© educationpost.in 2024 All Rights Reserved.
Designed and Developed by @Pyndertech