Christian committee in India recommends giving transgender Christians equal rights to ancestral property

India is moving forward in terms of gender equality as a new recommendation, if approved, could give transgenders who belong to the Christian community equal rights to ancestral property.

According to The Hindu, the Law Commission of India asked the Delhi Minorities Commission for recommendations on amendments to the India Succession Act. The DMC consulted with the Advisory Committee of Christians, and they suggested that section 44 of the India Succession Act of 1925 be amended to include transgenders, giving them equal rights as men and women when it comes to claims on ancestral property. The 52 professionals and religious leaders belonging to the Advisory Committee agreed to the proposal.

"The entire Christian Committee agreed. We are hopeful that this will be incorporated and the Law Commission clears this recommendation," DMC's Abraham M. Pattiyani said. "With the inclusion of the term 'transgender' in the Act, they can move to court if they are discriminated during distribution of property."

However, some activists do not see this in a positive light, saying that there is already a law in place that states equal rights of siblings to property.

"The Christians Committee is only trying to score points," said LGBT activist Ashok Row Kavi. "Some Churches do not recognize transgenders."

In the view of a Christian transgender named Laxmi, though, the proposal is a good move. She had experienced having been passed over when her brothers split their inheritance among themselves, leaving none for her.

"I also have a sister but her share was given to her as dowry when she got married. They didn't give me a single penny," Laxmi said. "But hopefully many transgenders can benefit if this becomes law."

Prior to a 2014 ruling by the Supreme Court, wherein the "third gender" category for transgenders or hijras was created, individuals were required to declare either male or female in official documents. However, according to Supreme Court lawyer Dr M.P Raju, the law only specifies equal rights of brothers and sisters.

"This amendment will help those who do not want to be called son or daughter but just transgenders," he said.

The recommendation will still be considered in Parliament, but if it becomes law, then transgender individuals cannot be denied their right to claim their share of ancestral property.