Case Comment on Sweety (Eunuch) Vs General Public (2016)
Lead author · Corresponding
Diya Narag
Student at Jindal Global University , India
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DOIhttps://doij.org/10.10000/IJLMH.11666
Abstract
This case comment aims to deconstruct the succession of property amongst transgenders based on customs rather than statutory provisions. It seeks to critically analyse both the advantages of the judgement as well as the loopholes that need to be addressed, to make civil rights like succession to property easier for the transgender community. It highlights the exploitative nature of the Guru-Chela relationship, and makes a case for the codification of succession rights for trans-individuals in various personal laws in India, so that they cannot be dispossessed of property from their natal families. It also looks at other subsidiary rights to make the Courts friendlier spaces for transgenders.