Panel to study personal laws for third gender

NEW DELHI: While the Bill seeking protection of the rights of transgenders is yet to sail through in Parliament, there may be good news in the offing for the often marginalised and neglected community.

The Law Commission has decided to examine the issue of personal laws for transgenders. Although the SC has recognised the right to selfidentification of gender as a part of right to dignity and autonomy under Article 21 of the Constitution, there has been no legal clarity on the personal laws of transgenders.

Personal laws cover matters such as property, inheritance, succession, marriage and divorce.


The matter was raised by a former law minister during one of the consultations on the issue of uniform civil code organised by the Law Commission last month. People with knowledge of the matter told ET that it was the first time when the topic has come up for discussion. The commission has taken note of the issue and decided to examine it, the people said.

Relevant provisions of law will be perused to delve into the subject.

The Law Commission, as first reported by ET, is working on the codification of personal laws, an endeavour which is being perceived as the first step towards bringing a uniform civil code for the country.

The Transgender Persons (Protection of Rights) Bill, 2016, had drawn flak from the transgender community — which numbers 4.8 million — following which it was referred to a parliamentary committee chaired by BJP MP Ramesh Bais. Some of the suggestions made by the committee in a report submitted in July 2017 have been incorporated in the Bill.

It was in February 2014 when the SC paved the way for enshrining the rights of transgenders in law. The court held that individuals had the right to self-identification of their sexual orientation. It added that the fundamental rights are equally applicable to the transgenders who constitute the third gender.