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Inheritance Rights of Non-Binary Individuals in India: Navigating Legal Gaps and Advocating Inclusivity

Authors

PRAMIT CHANDRA ROUT

Assistant Professor, ASTHA School of Management (ORCID: 0000-0001-6555-9436) (IN)

ANANYA SWAIN

Assistant Professor, ASTHA School of Management (ORCID: 0000-0001-6555-9436) (IN)

Article Information

DOI: 10.51583/IJLTEMAS.2025.140400095

Subject Category: Social Science, Law

Volume/Issue: 14/4 | Page No: 801-810

Publication Timeline

Submitted: 2025-05-17

Published: 2025-05-17

Abstract

Abstract: This research investigates the intricate landscape of inheritance rights for nonbinary individuals within the context of Indian legal frameworks. As the recognition of diverse gender identities expands, the study critically examines existing laws governing inheritance, evaluating the extent to which they acknowledge and protect the rights of nonbinary individuals. Through an in-depth analysis of Indian inheritance laws and a comparative exploration of international legal precedents, the research illuminates the specific challenges faced by nonbinary individuals in the inheritance process.


The study employs case studies to provide a nuanced understanding of real-life scenarios, highlighting discriminatory practices, social biases, and cultural impediments that nonbinary individuals encounter when asserting their inheritance claims. By adopting an intersectional lens, the research delves into the complex interplay of gender identity with other factors, such as socioeconomic status and geographical location, influencing inheritance outcomes.


Proposing targeted legal reforms, the research seeks to address the identified gaps and advocate for inclusive practices that align with the evolving understanding of gender diversity. The findings of this study contribute to the broader discourse on gender inclusivity within Indian legal systems and provide actionable insights for policymakers, legal practitioners, and advocacy groups. The ultimate aim is to foster a legal environment that recognizes and protects the inheritance rights of nonbinary individuals in India.

Keywords

Nonbinary Individuals, Inheritance Laws, Gender Diversity, Discrimination, Intersectionality, Legal Reforms

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References

1. Mukhopadhyay, M. (2018). Gender Identity and the Law: A Comparative Analysis of India and Nepal. Feminist Legal Studies, 26(1), 25–48. [Google Scholar] [Crossref]

2. NALSAR (2020). Mapping Discrimination against Transgender Persons in India: A Legal Analysis. Retrieved from https://www.nalsar.ac.in/sites/default/files/Sahodaran%20v.%20Sahodaran%20%28Draft%20Report%29.pdf [Google Scholar] [Crossref]

3. Venkatesan, V. (2019). Understanding the Transgender Persons (Protection of Rights) Act, 2019. Economic and Political Weekly, 54(13), 26–29. [Google Scholar] [Crossref]

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