ISSN: 2265-6294

The Inheritance Rights of Transgenders in India

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Mrs. Gouri S Nalawade & Dr. Rajlakshmi Wagh

Abstract

This research paper tries to find out the current situation of inheritance laws in respect of the most unwanted children and members of the family i.e. Transgenders. The concept of gender is binary in inheritance laws. Transgender individuals who alter their gender identification are not contemplated by them. This implies that people must choose between adhering to their gender identity and exercising their rights. Furthermore, successors sometimes are difficult to recognize since they may lack documents, be unable to marry or be unable to verify adoption. Any inequality based on sex and gender is prohibited by the Indian Constitution. Based only on their gender identity legislations ought to not prohibit towards transgender individuals. Though courts strive to tackle these issues, when it comes to securing transgender individual’s rights, they leave it to their subjective judgement. These are significant challenges that require legislative reform.

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