Tamil Nadu’s Transgender Policy &  Hindu Succession Act, 1956

Syllabus: GS2/Polity & Governance

Context

• Recently, the State of Tamil Nadu has unveiled the State Policy for Transgender Persons, 2025, which includes a bold proposal of amending the Hindu Succession Act to ensure transgender and intersex persons have equal rights to inheritance.

Why the Hindu Succession Act Needs Reform?

• Binary in Nature: The Hindu Succession Act, 1956, governs inheritance among Hindus, Buddhists, Jains, and Sikhs.
  • It recognizes heirs as either male or female, and transgender and intersex persons are often excluded from succession rights unless they legally identify as male or female, excluding non-binary identities.
  • Consequences:
    • Transgender individuals are often denied property rights within families.
    • Many face homelessness or economic insecurity due to lack of inheritance.
• Constitutional Contradiction: The Act’s binary framework contradicts the provisions of Article 15 of the Constitution that prohibits discrimination on grounds of sex – which includes gender identity.
• Judicial Silence: Despite the Supreme Court’s landmark NALSA v. Union of India (2014) ruling affirming the right to self-identify as a third gender, inheritance laws remain binary and exclusionary.
  • Legal battles, such as the Mafatlal Case (2005), highlight the need for reform.

Global Perspective

• Countries like Pakistan and Bangladesh have introduced inheritance rights for transgender persons.
• India, despite its progressive judicial stance, lags behind in codifying these rights into personal laws.

Broader Significance

• Progressive Social Policy: Tamil Nadu has historically been progressive on transgender issues (e.g., earlier transgender welfare schemes and legal recognition).
  • It is the first state to set up a Transgender Welfare Board; first to offer a third gender option in college applications & recognizes transgender persons as socially and educationally disadvantaged, eligible for affirmative action.
• Alignment with Central Law: The policy reinforces the Transgender Persons (Protection of Rights) Act, 2019, strengthening its implementation at the state level.
• Human Rights and Inclusion: These provisions advance constitutional rights such as equality (Article 14), non-discrimination (Article 15), and right to life with dignity (Article 21).
• Model for Other States: Tamil Nadu’s policy could serve as a benchmark for other states to develop tailored frameworks for the transgender community.

Source: TH