Transgender persons have no legal right to collect badhai (customary gifts): Allahabad High Court

The Allahabad High Court has ruled that kinnars (transgender persons) have no legal right to collect badhai, the customary offerings or gifts which are given on auspicious occasions [Rekha Devi v State of UP]

In a judgment delivered on April 15, a Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai rejected a petition moved by a kinnar Rekha Devi for protection against alleged encroachment of her "territorial jurisdiction" by other kinnars.

The petitioner argued that such collection was taking place for many years and translated into a customary right. However, the Court ruled that it did not have any legal backing.

"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. Such rights as sought by the petitioner are not recognised by law and accordingly the courts in its power under Article 226 of the Constitution of India cannot legitimise the acts of the petitioner without there being any backing of law," the Bench said.

The Court added that a citizen can be directed to pay only such amount of tax, cess or fee which can be legitimately extracted from them in accordance with law.

It, thus, refused to accept the prayer made in the writ petition, stating that such extraction of money cannot be legitimised in any manner.

"In case any indulgence is shown in the respect of the petitioner there may be several other persons / gangs which may be operating and making illegal extraction / extortion from individual and such illegal extraction has never been sanctioned by law in this country and such extraction is an offence under the Bhartiya Nyaya Sanhita," the Court underscored.

It was earlier submitted that the petitioner belongs to the kinnar community in district Gonda and has long been exercising the customary right to collect badhai in a particular area.

The counsel for the petitioner said that there are similar kinnars residing in district Gonda who are also collecting the badhai. However, the Court was told that they were encroaching upon each other's territorial jurisdictions, resulting in enmity and violence among the community members.

The petitioner claimed protection of her fundamental rights under Article 14, 19 and 21 of Constitution of India to carry on her task of collection of badhai without fear of violence. The plea also sought a direction for demarcation of areas for collection of badhai.

The Court ruled that since no right to collect badhai exists, it cannot protect such practice. It also took note of the recent changes to the transgender protection law.

"We have noticed that even as per the provisions of the Transgender Persons (Protection of Rights) Act, 2019 no such right has been sought to be protected though in the said Act the transgender person was assigned to determine his / her gender. A new bill of 2026 is under consideration of Parliament of India which is a major departure from the Act of 2019 with regard to determination of gender of an individual. "

Hence, it dismissed the petition.

Advocate Sangeeta Verma represented the petitioner.

[Read Judgment]