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The Hindu
29 minutes ago
- Politics
- The Hindu
T.N.'s policy for transgender persons advocates for amending Hindu Succession Act over inheritance
Chief Minister M.K. Stalin on Thursday released the Tamil Nadu State Policy for Transgender Persons 2025. The policy said that the State would take steps to amend the Hindu Succession Act, Indian Succession Act, among others, to ensure right of inheritance to transgender and intersex persons. 'The State will initiate action to ensure that laws against gender-based violence by family members, intimate partners and others are implemented effectively,' one of the provisions in the policy said. The State would ensure that all educational institutions would change the name and gender in academic certificates of transgender and transpersons, as per the Transgender Persons (Protection of Rights) Act, 2019. The policy further said that the State would provide preference to transgender and intersex persons under affordable housing schemes and provision of free house site pattas. 'The State will facilitate short-stay homes for transgender and intersex persons.' In another event, the CM virtually inaugurated new buildings constructed by the Police and Fire and Rescue Services Departments at a total cost of ₹45 crore. He also unveiled the foundation for the construction of buildings in the central prison campus in Madurai to be constructed at a cost of ₹229 crore. The CM also virtually inaugurated new buildings constructed by the Registration and Commercial Taxes Departments at a total cost of ₹27 crore. Ministers Duraimurugan, E.V. Velu, S. Regupathy, S. Muthusamy, P. Geetha Jeevan, P. Moorthy and M. Mathiventhan, Chief Secretary N. Muruganandam and senior officials were present on the occasion.
Time of India
an hour ago
- Politics
- Time of India
Stalin releases TN Transgender Policy
M K Stalin CHENNAI: Tamil Nadu on Thursday launched a state policy for transgender people to ensure their rights in education, employment, healthcare, housing, and safety. The state will also take steps to amend Hindu Succession Act and India Succession Act to ensure right of inheritance for transgenders. The policy says transgenders will be treated as socially and educationally most disadvantaged and would be give preference in housing schemes. Steps would be taken to amend Juvenile Justice Act and other relevant acts to address concerns of gender non-conforming persons, said the policy. The state will operate a round-the-clock helpline for gender-related queries. TN has been a pioneer in introducing welfare measures for transgenders, from setting up a Transgender Welfare Board to providing a dignified nomenclature – 'Thirunangai and Thirunambi' to them. TN was also the first state to provide a third gender option in college application forms alongside male and female. On Thursday, chief minister M K Stalin , who resumed official duties after his discharge from hospital, launched the state policy. You Can Also Check: Chennai AQI | Weather in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai The policy is a boon for the transgender community and addresses several critical issues,'' said Priya Babu, founder of the Transgender Resource Centre. The only shortcoming is that the policy doesn't explicitly mention reservation for transgenders, though it states that the state will take necessary steps to ensure their appropriate representation in educational institutions and govt employment, Priya Babu said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Stylish New Mobility Scooters Available for Seniors (Prices May Surprise You) Mobility Scooter | Search Ads Search Now Undo Currently, transgenders are provided reservation under MBC, but the Karnataka govt provides an exclusive 1% reservation for them. 'We need an exclusive reservation like in Karnataka,' Priya Babu added. Earlier, Stalin distributed laptops and certificates of appreciation to 135 Adidravida and tribal students who gained admission to institutes across the country. 'The first event I took part in was a delightful one. I was moved by their passion for education, their journey of education, and their rise from the most disadvantaged and suffering families," Stalin tweeted. He then inaugurated buildings for the police, fire service and the prisons department. Appointment orders were also given to 40 employees selected for the prohibition and excise department.
Hindustan Times
6 hours ago
- General
- Hindustan Times
Guest Column: Justice for elderly extends beyond legal framework
India is evolving rapidly on various fronts. In the health sector, life expectancy is increasing and as a result the population of the elderly is growing at an unprecedented rate. There are 14.9 crore people in India above the age of 60 and this number is likely to more than double by 2050. Since time immemorial, the care of parents has been revered as one of the highest duties. Across religious texts, the duty to care for one's parents is emphasised as a virtue, equating it with divine service. This concept is now under threat. (Getty Images/iStockphoto) Given this scenario, addressing the problems of the elderly is not only a social and health imperative but also at the very heart of our society's moral and legal conscience. This includes the obligations of children towards their parents and the rights of senior citizens from health, moral and legal standpoints. In a world that is rapidly modernising, the fundamental truth remains that our elderly are not a burden but the very foundation upon which we all build our lives. Since time immemorial, the care of parents has been revered as one of the highest duties. Across religious texts, the duty to care for one's parents is emphasised as a virtue, equating it with divine service. This concept is now under threat. The generational divide increases their likelihood of suffering neglect and abuse, verbally, physically, financially and even psychologically, which heightens their vulnerability. Breakdown of joint family The changing scenario is attributed to the breakdown of the joint family system. In addition, the migration to the city by young people has left many elderly isolated in rural areas or urban homes. Consequently, they suffer from social and financial difficulties. Rising health care and living costs add to their burden. Today, urbanisation and changing lifestyles is leading to diminished interaction between generations, accompanied by social isolation, loneliness and depression among senior citizens. Moreover, senior citizens fall victim to financial fraud, physical abuse, and abandonment, and property disputes, often at the hands of their own family members. According to a report by HelpAge India, nearly 50% of elders in urban India experience some form of abuse. Safeguarding rights The legal system provides mechanisms to safeguard the rights of senior citizens. Article 41 of the Constitution pertains to provision of public assistance for the elderly in cases of unemployment, old age, sickness, and disability. Article 21, which guarantees the right to life and personal liberty, has been interpreted to include the right to dignity for the elderly. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates for children and relatives to provide for elderly parents. The Hindu Succession Act, 1956, protects elderly parents' rights in ancestral and self-acquired properties and dispossession of elderly parents from property is dubbed as a punishable offence under the Maintenance and Welfare Act, Section 9. In order to safeguard the well-being of the elderly, and to enable them to be self-sufficient, the Government of India has implemented the National Policy for Older Persons. The ministry of social justice and empowerment has established the National Council for Older Persons (NCOP) with the primary goals of advising the government on appropriate policies, providing feedback on their implementation, initiating special programmes, establishing grievance cells for older individuals in both the government and corporate sectors. The Union government has initiated health programmes designed for the elderly, including the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana or Ayushman Bharat, which in short, offers free insurance coverage to senior citizens aged 70 or above. Build society that cares In spite of these provisions, the prevailing situation of the elderly remains worrisome. According to the National Crime Records Bureau, the cases of elder abuse have increased by 40%. A study by HelpAge India found that 52% of elders face neglect, with sons being the primary perpetrators in 35% of cases. Over 30% of India's elderly population suffers from financial insecurity despite their legal rights to maintenance. As a way forward, we must firstly go beyond legal frameworks and build a society where elderly care is a natural and cherished duty. Families must cultivate a culture of respect and emotional support for the elderly. Educational institutions can introduce value-based learning, emphasising care for the aged. Second, society must step in to provide companionship programmes, legal aid, and care-giving support. Public-private partnerships can create sustainable models for elderly care. Third, the government must ensure stronger legal enforcement with stricter penalties for elder abuse and financial exploitation. Enhanced monitoring mechanisms should be established to oversee the welfare of the elderly. Fourth, health programmes for the elderly need to be implemented efficiently while ensuring that those in remote areas are not neglected. A system of accountability must be put in place to ensure accessible, quality and comprehensive healthcare services for the elderly, irrespective of their ability to pay or location. Digital literacy programmes can help the elderly access services and stay informed about welfare schemes. Most importantly, however, is the crucial role of society in ensuring dignity, security, and care for the elderly. Delivering a lecture recently, Justice Aravind Kumar of the Supreme Court said, 'The elderly have spent their lives shaping society, nurturing families, and upholding traditions. It's our moral and legal responsibility to provide them with the respect and care they deserve.' Justice for the elderly extends beyond legal frameworks; it calls for compassion, love, and a collective commitment to their well-being. (Prof Kurien, a former deputy chairman of Rajya Sabha and Union minister, is chairman of the Indian Association of Parliamentarians on Population and Development. Dr Narain is a former director of World Health Organisation. Views expressed are personal.)
Indian Express
22-07-2025
- Politics
- Indian Express
Ancestral property rights for Adivasi women: Constitution's promise over customary law
On July 17, the Supreme Court affirmed that a woman from a tribal community has an equal right to her family's ancestral property. The Court struck down an order of the Chhattisgarh High Court, which in 2022, cited the absence of a specific customary law to deny inheritance rights to an appellant. Customary laws are generally unwritten conventions that govern the community affairs of tribal groups. Last week, however, the SC took a more expansive view of the rights of women from these communities and laid down that their exclusion from inheritance rights was discriminatory. Emphasising Article 14, which guarantees equality before the law, the SC pointed out that 'Customs too, like the law, cannot remain stuck in time'. They cannot be used to 'deprive others of their right,' the Court ruled. The case dates to 1992, when Dhaiya, a tribal woman in Chhattisgarh, sought the partition of her maternal grandmother's property and was denied multiple times — first by customary laws, and then by trial and appellate courts. The SC's order is a significant intervention in the debate on gender justice in tribal communities. This is not the first time that the apex court has taken a strong stand in favour of inheritance rights of women from tribal groups. In December 2022, while hearing a case of a tribal woman from Odisha who sought a share in the compensation awarded for the acquisition of land belonging to her ancestors, the SC said, 'When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of the tribal community. Female tribal is entitled to parity with male tribal in intestate succession…' The bench had then advised the Centre to 'look into the matter and if required, to amend the provisions of the Hindu Succession Act (HSA).' The Act does not apply to Scheduled Tribes. The Indian Succession Act, 1925, too, gives states the power to exclude the tribals. Section 20 of the Santhal Pargana Tenancy Act, 1949, allows the woman to inherit her father's property if she marries a man and makes him a ghar-jamai (resident son-in-law). The marriage, however, has to happen during the lifetime of the father. Customary laws are important as a bulwark against forceful assimilation and homogenisation of tribal communities. At the same time, as the SC rightly pointed out in Dhaiya's case, 'collective ethos of the Constitution' ensures 'that there is no discrimination against women'.
News18
17-07-2025
- General
- News18
In What Cases Is A Daughter Denied Share In Family Property?
1/7 Property rights within families remain one of the most emotionally charged and litigated issues, especially when daughters seek their legal share. Despite significant reforms in the law, confusion continues to prevail over when a daughter can claim her father's or grandfather's property and under what conditions she may be denied. (News18 Bengali) The Hindu Succession Act was amended in 2005 to ensure equal property rights for daughters. Whether married or unmarried, daughters are now legally entitled to the same share in their father's property as sons, this includes not only self-acquired assets but also ancestral property. The right applies when the father dies intestate, meaning without a will. Earlier, daughters had limited or no claim in ancestral property, particularly if they were married. But post-2005, the law treats sons and daughters equally. However, certain exceptions remain. (News18 Bengali) 3/7 The scenario changes significantly if the father has left behind a registered will. A will is a legal document stating who should inherit the property. If a father clearly states that his self-acquired property will go solely to his son, the daughter cannot challenge it, provided the will is legally valid. But this rule doesn't apply to ancestral property. In case of hereditary wealth, every coparcener (including daughters, post-2005) has an equal and indivisible right, and it cannot be willed away entirely. (News18 Bengali) Understanding the distinction between self-acquired property and ancestral property is very crucial. A self-acquired property is bought by an individual through personal income. The owner has the legal freedom to give it to anyone, including outsiders, through a will or gift deed. On the other hand, an ancestral property is inherited up to four generations and remains undivided. No single member, including the father, can claim full ownership or deny another heir their share. In ancestral property, daughters have the same rights as sons, regardless of marital status. The father cannot deny this right through a will. (News18 Bengali) 5/7 In recent times, some parents, especially mothers, have begun gifting daughters assets such as homes, jewellery, or savings during their lifetime. This not only ensures the daughter's financial security but also reduces the scope for future disputes. However, such gifts must be registered properly. If the amount involved exceeds Rs 2 lakh in cash, Section 269ST of the Income Tax Act mandates that it be routed via cheque or bank transfer. Otherwise, the receiver may attract heavy penalties. (News18 Bengali) Married women have full legal ownership over their personal property. They can sell, gift, or dispose of it at will. In case of their husband's death, they inherit an equal share of his estate along with the children and the mother-in-law, as per the Hindu Succession Act. Mothers are recognised as Class I heirs and inherit an equal portion of their deceased son's property. Sisters, however, fall under Class II heirs and can only stake a claim if no Class I heir is alive. (News18 Bengali)
