The transgenders are finally gaining their rights in India. Transgenders in Uttar Pradesh can now inherit ancestral agricultural land.
The Yogi Adityanath led government introduced a new law which cleared an amendment of the UP Revenue Code of 2006 for the inclusion of the third gender in the nomenclature. It removed the limitation of the previous mentions to “sons, daughter, married, unmarried and widow.”
This bill will become a law once the legislature passes it.
The State Law Commission had submitted the proposal for a law acknowledging the inheritance of the third gender as recognised by the Supreme Court to Yogi Adityanath, last year in March. Justice AN Mittal, Chairman of the State Law Commission pointed out the inheritance laws that left out the transgenders. The Transgenders already face a lot of social ostracism, despite having a measure to protect them, he added.
The Revenue Department officials said that changes have been done which will include the third gender as members of a landowner’s family to give them succession and physical rights to the property. The amendments have been made in the UP Revenue Code (Amendment) Act, 2020 in section 4(10), 108 (2), 109 and 110.
The cabinet note said that this will also grant equal rights and social recognition to the community.
Changes are also made in section 59 (4), which allows unreserved land to be earmarked for community use like for a playground, grazing pasture or cremation ground. The remaining land is returned to the gram sabha. Another amendment which falls under the same section makes it possible to denotify previously acquired land. Under section 60 (2), a provision has been inserted for creation of temporary tin sheds on grazing grounds and amenities like tubewells and feeding troughs.
However, Transgender Persons (Protection of Rights) Bill that was passed in the lower house in 2019 claims to protect their rights while had taken away their fundamental right of equal citizenship under the constitution. Equality of gender is one of the basic rights that every country should possess. The third gender needs to be treated equally to others to propagate a progressive concept.
Transgenders already face various forms of gendered violence, harassment and discrimination both at home and in public spaces. This move by the Uttar Pradesh Government might act as a way of acceptance towards them that even the other states should follow.
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