The Allahabad High Court has ruled that the kinnar (transgender) community is not entitled to seek 'badhai' or 'jajmani' from the public, as such practices lack legal authority. The court rejected a plea that sought to legitimize the collection of money during auspicious occasions.
Court's Ruling on Badhai and Jajmani
Justice [Name] of the Allahabad High Court observed that any levy, tax, or fee can only be collected under the authority of law. The practice of collecting money in the name of 'badhai' or 'jajmani' has no legal sanction and cannot be enforced. The court emphasized that no individual or community has the right to demand money from others without a legal basis.
Implications for the Kinnar Community
The ruling clarifies that while the kinnar community is entitled to all fundamental rights and protections under the Constitution, they cannot claim a special privilege to demand money. The court noted that such practices often lead to harassment and coercion, which are not permissible in a legal framework. The judgment aims to prevent any form of extortion under the guise of tradition.
Legal Context
The case was filed by a member of the kinnar community seeking recognition of the right to collect 'badhai' as a customary practice. However, the court found no statutory support for such a claim. The Bharatiya Nyaya Sanhita and other laws do not provide for any such entitlement. The court urged the community to seek legitimate means of livelihood rather than relying on outdated customs.
Reactions and Way Forward
Legal experts have welcomed the decision, stating it upholds the rule of law. Social activists, however, expressed concern over the economic vulnerability of the kinnar community, which often faces discrimination in employment. The court suggested that the government should take steps to integrate the community into mainstream society through skill development and job opportunities.
The judgment is expected to discourage forced collections and protect citizens from harassment. It also sets a precedent that customary practices cannot override legal provisions.
