The Lucknow Bench of the Allahabad High Court on Tuesday delivered a significant ruling, stating that members of the transgender (kinnar) community do not possess any legal right to demand traditional 'badhai' or 'neg' (customary monetary offerings). The court further observed that such collection of money could potentially fall within the ambit of an offense under the Bharatiya Nyaya Sanhita (BNS).
Background of the Case
The judgment came in response to a writ petition filed by Rekha Devi, a transgender resident of Gonda district. The petitioner sought the demarcation of a specific territorial area for collecting 'neg', claiming she had been exercising this practice in those areas for several years. Specifically, she requested the court to earmark a defined stretch—from Kati Ka Pul in Jarwal town to Ghaghra Ghat, and up to Saryu Bridge in Colonelganj—as her exclusive area for collecting 'badhai'.
Arguments Presented
The petitioner's counsel, Sangeeta Verma, argued that frequent disputes and violent clashes occur when other members of the community enter the same area, leading to law and order issues. It was contended that due to long-standing practice, the petitioner had acquired a traditional customary right, which deserved protection by the court.
Court's Observations
Rejecting the plea, the bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai held that any form of 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 protected as a fundamental right. The court made it clear that no individual can be permitted to extract money from others without a valid legal basis.
The bench observed: "The extraction of money from any individual wilfully or otherwise cannot be permitted to be made and 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."
Legal Framework
The court further noted that even the Transgender Persons (Protection of Rights) Act, 2019, does not provide for any such right to demand 'badhai' or 'neg'. The ruling emphasizes that customary practices cannot override statutory laws and that any demand for money without legal authority is impermissible.
Implications of the Ruling
This judgment sets a precedent clarifying that traditional practices, even if long-standing, do not confer legal rights unless recognized by law. The court's decision is expected to impact similar claims by members of the transgender community and others who rely on customary rights to demand monetary offerings. The ruling also reinforces the principle that no individual or group can forcibly extract money from citizens, and any such act may be subject to legal action under the BNS.
