The Allahabad High Court on Tuesday ruled that members of the 'kinnar' (transgender) community do not have a legal right to demand traditional 'badhai' or 'neg'---customary monetary offerings made on auspicious occasions---observing that such demands could fall under offences outlined in the Bharatiya Nyaya Sanhita (BNS).
A bench comprising Justices Alok Mathur and Amitabh Kumar Rai at the Lucknow bench delivered the order while dismissing a writ petition filed by Rekha Devi, a transgender person from Gonda district. The petitioner had sought demarcation of a specific territory for collecting 'neg'.
What did the court say?
Her counsel argued that frequent disputes arise when others from the community enter the same area, and contended that the long-standing practice should be treated as a customary right.
Rejecting the plea, the Allahabad High Court observed that any levy, tax or fee can be collected only with legal authority, and that the practice of collecting money in the name of ‘badhai’ or ‘jajmani’ has no legal sanction.
"Extraction money from any individual wilfully or otherwise cannot be permitted, and any citizen can only be directed to pay such amounts as are legitimately authorised by law," the bench observed.
The court also noted that the Transgender Persons (Protection of Rights) Act, 2019, does not provide for any such right.
Dismissing the petition, the bench said granting such a plea would effectively legitimise illegal extortion and could encourage criminal activities. It added that such extraction has never been sanctioned by law and may attract penal provisions under the Bharatiya Nyaya Sanhita.
Also Read: Honour killing fears: UP couple gets Allahabad HC protection after marrying against family wishes
Also Read: 'Can't maintain wife, children? Don't marry': Allahabad High Court rejects husband's plea
