RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA

One of the most implicit foundations of a person’s identity today, in a cultural, national as well as global context, is the collegial relationship which he or she shares with another person, that relationship ultimately giving formation to a conjoint, consolidated and co-dependent recognition of th...

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Main Authors: D. Chowdhury, A. Tripathy
Format: Article
Language:English
Published: Publshing House V.Ема 2016-11-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/58
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author D. Chowdhury
A. Tripathy
author_facet D. Chowdhury
A. Tripathy
author_sort D. Chowdhury
collection DOAJ
description One of the most implicit foundations of a person’s identity today, in a cultural, national as well as global context, is the collegial relationship which he or she shares with another person, that relationship ultimately giving formation to a conjoint, consolidated and co-dependent recognition of the two as one under the law, particularly with respect to resolving socio-familial issues such as those of parentship, guardianship, adoption, succession and inheritance, among others.The term “relationship” mentioned above is connotative of marriage and the following paper attempts to look at this relationship, in its connection to the various facets of one’s personal identity as a citizen, from the perspective of a third gender Hindu Indian national. Though the right to marry of such an individual, especially as seen against the backdrop of the existing communal ethos in the country, may be accepted as being some form of a heterodoxy, it still falls short of qualifying as anything that could be called, in the least, “heretical” or even illegal.While due to the constraints of time the authors of the present study have been compelled to restrict the same to only a particular division of nationality and a further specific sub-class thereof, the authors sincerely hope that this study will inspire further such examinations into its chosen subject within the field domains of other religions and nationalities.
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institution Kabale University
issn 2409-9058
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publishDate 2016-11-01
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series BRICS Law Journal
spelling doaj-art-97c83c2df2ec4c6ca73794251f1b89092025-08-20T03:45:15ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432016-11-0133436010.21684/2412-2343-2016-3-3-43-6050RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIAD. Chowdhury0A. Tripathy1Symbiosis Law SchoolSymbiosis Law SchoolOne of the most implicit foundations of a person’s identity today, in a cultural, national as well as global context, is the collegial relationship which he or she shares with another person, that relationship ultimately giving formation to a conjoint, consolidated and co-dependent recognition of the two as one under the law, particularly with respect to resolving socio-familial issues such as those of parentship, guardianship, adoption, succession and inheritance, among others.The term “relationship” mentioned above is connotative of marriage and the following paper attempts to look at this relationship, in its connection to the various facets of one’s personal identity as a citizen, from the perspective of a third gender Hindu Indian national. Though the right to marry of such an individual, especially as seen against the backdrop of the existing communal ethos in the country, may be accepted as being some form of a heterodoxy, it still falls short of qualifying as anything that could be called, in the least, “heretical” or even illegal.While due to the constraints of time the authors of the present study have been compelled to restrict the same to only a particular division of nationality and a further specific sub-class thereof, the authors sincerely hope that this study will inspire further such examinations into its chosen subject within the field domains of other religions and nationalities.https://www.bricslawjournal.com/jour/article/view/58third genderright to marryhindu personal law
spellingShingle D. Chowdhury
A. Tripathy
RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
BRICS Law Journal
third gender
right to marry
hindu personal law
title RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
title_full RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
title_fullStr RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
title_full_unstemmed RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
title_short RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
title_sort recognizing the right of the third gender to marriage and inheritance under hindu personal law in india
topic third gender
right to marry
hindu personal law
url https://www.bricslawjournal.com/jour/article/view/58
work_keys_str_mv AT dchowdhury recognizingtherightofthethirdgendertomarriageandinheritanceunderhindupersonallawinindia
AT atripathy recognizingtherightofthethirdgendertomarriageandinheritanceunderhindupersonallawinindia