Transgender Persons Extracting Gifts/Money Not Backed By Law; Can't Legitimize 'Badhai' Collection: Allahabad HC

A bench of Justice Alok Mathur and Justice Amitabh Kumar Rai observed thus while dismissing a writ petition filed by Rekha Devi, who is a member of the Kinnar (transgender) community.

She had moved the HC seeking directions for the demarcation of territorial jurisdictions for the collection of badhai rights.

It was her case that several other kinnars had been encroaching upon each other's territorial jurisdictions, and the same had led to enmity between them, and various instances of murderous assaults and fights had taken place.

It was also her argument that, since such badhayi collection has been made by her and other members of her community for a number of years, it had translated into a customary right requiring protection from the Court.

Thus, she prayed for the protection of her fundamental rights under Articles 14, 19 and 21 of the Constitution of India to carry on her task of collecting badhai without fear of violence.

The division bench, however, noted that there is no legitimate or legal backing permitting any person or individual from collecting/extracting any money, tax, fee or cess from any individual except in accordance with law.

The bench was of the view that the rights as sought by the petitioner are not recognised by law and hence, the Court can't legitimise the acts of the petitioner without there being any backing of law.

Importantly, the Court further stressed that the extraction of money from any individual, wilfully or otherwise, cannot be permitted to be made.

"…any citizen of this country can be directed to pay only such amounts of tax, cess or fee which can be legitimately extracted from such individuals in accordance with law", the bench remarked as it clarified that the prayer made in the writ petition cannot be accepted.

It underscored that if any indulgence is shown in the respect of the petitioner, there may be several other persons/gangs operating and extracting illegal funds from individuals, which is illegal and amounts to an offence under the Bhartiya Nyaya Sanhita.

It also added that, even under the provisions of the Transgender Persons (Protection of Rights) Act, 2019, no such right had been sought to be protected.

In view of this, the petition was dismissed.