The Allahabad High Court has held that transgender persons (kinnars) do not have any enforceable legal right to collect badhai, customary gifts offered during auspicious occasions.
A division Bench comprising Justices Alok Mathur and Amitabh Kumar Rai dismissed this petition. A petitioner from the transgender community sought judicial intervention to prevent alleged territorial encroachment by other members of the community, claiming an exclusive customary right to collect badhai within a specific geographic area
The petitioner contended that the practice had been followed for years and had evolved into a customary right. However, the Court ruled that such a claim lacks legal sanction. It observed that no individual has the authority to collect money, tax, fee, or cess from others except in accordance with law, and courts cannot legitimise such practices under Article 226 of the Constitution without statutory backing.
Emphasising that financial exactions must be legally authorised, the Bench refused to grant the relief sought, noting that recognising such claims could open the door to unlawful extraction or extortion by others. It further underscored that such acts are not sanctioned by law and may attract penal consequences under the Bharatiya Nyaya Sanhita.
During the proceedings, it was submitted that Rekha Devi, petitioner(transgender), a resident of Gonda district, had long been collecting badhai in a particular area. Her counsel also pointed out that other members of the community were engaged in similar practices, leading to disputes over territorial boundaries and, at times, conflict.
The petitioner invoked her fundamental rights under Articles 14, 19, and 21 of the Constitution, seeking protection to continue the practice without fear and a demarcation of areas for collection. However, the Court held that in the absence of any recognised legal right, such protection could not be granted.
The Bench also referred to the Transgender Persons (Protection of Rights) Act, 2019, noting that it does not confer any right to collect badhai. It further observed that a proposed 2026 bill under consideration may introduce changes regarding gender determination but does not alter the present legal position on the issue.
Accordingly, the writ petition was dismissed.
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