PROPERTY RIGHTS OF TRANSGENDERS IN INDIA

background

Transgender persons are humans of any age and sex whose looks, personal qualities, and actions deviate from preconceptions of what men and women should be.

Transgenders have existed in every culture, ethnicity, and social level since human history began. In the widest sense, transgender refers to anybody whose identity or behaviour deviates from traditional gender standards.

The Supreme Court established the “trans gendered” classification for hijras or transgendered people in the case of National Legal Services Authority (NALSA) v. Union of India. Previously, people were compelled to put male or female next to their sexuality. The Supreme Court directed the Government to consider transsexual people to be culturally and financially disadvantaged.

The nation must now guarantee that all people have lawful authority in legal actions, without regard to gender identity or sexual orientation and they have the freedom to motivate that ability, such as racial equality to administer, own, acquire (such as through family wealth), handle, admire, and take possession of the property.

transgender groups

In India, there are several social and economic subgroups of transgendered people, such as hijras/kinnars, as well as other transgender groups such as shiv-Shaktis, jogtas, jogappas, Aradhis, Sakhi, and so on.

Nevertheless, these social and economic groupings do not contain all transgender individuals; there may be some who do not adhere to any of the categories yet are transgender individuals on their own. However a precise and trustworthy assessment of transgender individuals is not accessible, this can be disputed that its population is negligible in comparison to the nation’s overall population.

Problems faced by the transgenders

Transgender people suffer prejudice, inadequate educational opportunities, poverty, a shortage of housing, a lack of health services such as HIV treatment, anxiety, hormonal tablet misuse, tobacco and alcohol consumption, weddings, property, voting rights, and parenthood.

In India the transgender encounter several challenges. So far, these communities believe they are barred from actually engaging in social and economic life, business, legislation, and judicial procedures. A significant explanation (and effect) of marginalization is believed to be an absence of (or uncertainty in) acknowledgement of hijras as well as other transgender people’s sexual identification.

Allegations of discrimination, assault, denial of service attacks, and negative stereotyping of transgender people in the workplace, residence, and public accommodations have been covered in the local news media on occasion.

It is a significant obstacle that frequently stops people from practicing their democratic rights in their chosen gender. The Ministries of Law and Social Justice, as well as state and local governments, must recognise the hardship experienced by transgender individuals and cooperate on that much change.

The International Bill of Gender Rights

The International Bill of Gender Rights also defines the right to personal one’s gender identification, as well as the access to medical treatment that permits persons to do so.

The Fundamental Rights of Gender Identification is the ability to establish one’s sexual orientation; all humans have the right to freely express their personality, sexual orientation.

As a result, all citizens have a right to openly express their self-defined sexual orientation; and no person should be deprived of Human or Civil Liberties as a result of expressing self-defined sexual orientation. The Right to Govern and Modify One’s Own Body believed that all living beings get the freedom to control their identities, including the power to change their bodies aesthetically, medically, or medically inability to emphasize self-defined sexual orientation.

Human beings shall not be infringed the power to change their body parts as a way of justifying a self-defined sexual orientation; and individuals shall not be rejected Human or Civil Rights because they have altered their body parts aesthetically, hormonally, or surgical intervention, or wish to do so, as a means of showing a self-defined sexual orientation.

The Right To Competent Medical And Professional Care refers to the person’s right to determine one’s own sexual orientation, as well as the freedom to alter one’s own body as a way of justifying a self-defined sexual orientation; no person should be rejected access to effective healthcare or other proper treatment on the grounds of the person’s sex, chromosome , reproductive organs, allocated birth gender, initial gender role, or any other factor. 

Property Rights For The Transgenders

All of the laws of the land must be enforced on individuals in the same way that they would on every other individual. They must be considered equal, politely, even without prejudice. They must not face discrimination when supporting their freedom to pursue a career, enter a crowded area, own property, or demand redress.

Civil rights underneath the law, including the ability to get a passport, ration card, write a will, acquire property, and adopt a child, must be accessible to everybody, independent of gender/sex identity change.

India’s system of recognising just two genders and refusing to acknowledge transgender people as a third gender has denied them numerous privileges that Indian citizens take for granted.

The Madhya Pradesh High Court ruled that a ‘hijra’ lady may acquire property from her teacher since the judge decided that the group could not transfer assets to anybody outside the group. The court clearly recognizes the presence of a separate class with its own practices and traditions that must be observed in this judgement.

Transgender Persons (Protection of Rights) Act, 2019

The Transgender Persons (Protection of Rights) Act,2019 came into force on 10th January 2020. The act consist of 23 sections and this act address a variety of freedom that need to be provided to transgender people to combat the prejudice they encounter.

Section 12 of the Act addresses the transsexual person’s right of residence. Section 12(1) says unequivocally that a trans person must not be removed from their parents or immediate family members because of their sexual identity.

Section 12(2) grants them the chance to celebrate the residence and utilise all of the amenities provided. This gives them the same right to support other family members, regardless of gender.

The Act mentions transgender people’s right to live in their own homes, but not their inheritance. They are not awarded the position of the decedent in the Joint Hindu Family because of their gender identification, nor are they elevated to the status of a legal successor to their families’ separate property.

The Act requires extensive revisions since transgender people are Citizens of India and therefore should be acknowledged as such in all laws about their constitutional and human entitlements as the new gender.

Conclusion

The Hindu Succession Act is silent on the new gender. It accurately describes what a Hindu is or who falls under that criterion. The Act establishes a consistent and complete method of succession that pertains to both the Mitakara and Dayabhaga schools of thought. the rights of transgender should be safeguard by the Central and State Government on the way of enacting the statues for them.

the above blog had been edited by Vidhya sri theresa.k

https://thelegallock.com/the-legality-of-lgbtq-marriage-in-present-times

Property Rights of Transgender Community in India (libertatem.in)

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