Gander And Inheritance – Chandigarh
Whole of the world recognize the right of men and women in ancestral property. Although in certain Islamic laws, the women only get half of what the man gets, but there are other countries where women and men get equal shares. However, we have forgotten that we through recognize eunuch as third gender, but have not laid any rules for succession of property. The transgender people mainly suffer from;
- Lack of education
- Lack of healthcare facilities
The existing set of law as is available to various communities does not talk of third gender. The words reflected there in are son and daughter only. Ancient Hindu law did not recognize eunuch as one of the successors to the property, although they take birth in all communities including Hindu. They were left to lead their life at their own.
The transgender bill 2016 speaks a lot about the rights of transgender such as
- Recognition to the identity
- Rights in various establishments
- Right of residence
- Right not be separated from family
- Right to enjoy household
- Right to maintenance
This bill does not talk about right to inheritance, right to adopt, right to make will, right to make gift. The criminal tribe act 1871 creates a hurdle in the conferment of said rights.
Yet there is another community that acquires a gender different from birth under some medical procedure. The question is yet unsettled as to what gender they would succeed to the property.
These are known as ARAVANI. Either they undergo genital modification or perform certain other medical procedure which is traditional mode of castration.
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