In a ruling that cuts through a long-contested social practice, the Allahabad High Court has held that transgender persons cannot claim a legal right to collect badhai—customary gifts traditionally offered during celebrations such as births and weddings—and courts cannot recognize or enforce such a claim in the absence of any statutory backing.
The case arose from a petition by Rekha Devi, a member of the kinnar community in Uttar Pradesh’s Gonda district, who sought judicial protection against what she described as encroachment by other kinnars into her “territorial jurisdiction” for collecting badhai. She argued that the practice had been followed for years and had matured into a customary right.
The Court, however, found no legal foundation for such a claim.
A Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai made it clear that no individual can claim authority to extract money, fees or payments from citizens unless sanctioned by law. The judges underscored that constitutional powers under Article 226 cannot be used to legitimize a practice that lacks legal recognition.
The Bench also drew a sharp line between customary social practices and enforceable legal rights, observing that permitting such claims could open the door to similar demands by other groups, potentially legitimizing illegal extraction or extortion—conduct punishable under criminal law.
Rekha Devi had also urged the Court to protect her asserted rights under Articles 14, 19 and 21 of the Constitution, arguing that clashes over areas of collection had led to hostility and violence within the kinnar community. She sought demarcation of territories so members of the community could carry on the practice without conflict.
But the Court refused to enter that terrain.
Its reasoning was straightforward: if the right itself does not exist in law, the question of protecting or regulating its exercise does not arise.
The Bench also pointed to the Transgender Persons (Protection of Rights) Act, 2019, noting that while the legislation safeguards several rights of transgender persons, it does not recognize any right connected with collecting badhai. The judges further noted that proposed legislative changes under consideration similarly do not alter that position.
With those findings, the petition was dismissed, shutting the door on a plea that sought judicial recognition of customary collection zones within the kinnar community.
The judgment marks a significant pronouncement on the limits of customary practice when tested against enforceable legal rights.
