The Allahabad High Court has delivered a significant ruling stating that transgender persons have no legal right to collect 'badhai' (tips or alms) at public places. The court dismissed a petition that sought protection for transgender individuals engaging in this traditional practice, emphasizing that such activities cannot be claimed as a matter of right under the law.
Court's Observation
Justice Saurabh Shyam Shamshery, presiding over the case, observed that while the state has a duty to protect the rights of transgender persons, the act of collecting badhai does not fall within the ambit of legal entitlements. The court noted that no statute or constitutional provision grants transgender individuals the right to demand or collect money from the public in this manner.
Background of the Case
The petition was filed by a transgender rights activist who argued that collecting badhai is a customary practice and an essential source of livelihood for many in the community. The petitioner sought directions to the Uttar Pradesh government to ensure that transgender persons are not harassed or prevented from collecting badhai.
However, the court rejected these arguments, stating that custom cannot override the law. The bench clarified that if any person, including transgender individuals, engages in begging or coercive collection of money, it is subject to existing legal provisions.
Implications for Transgender Community
This ruling has sparked debate among activists and legal experts. While some view it as a setback for the transgender community, others see it as an opportunity to push for better legal recognition and alternative livelihood options. The court acknowledged the marginalized status of transgender persons but stressed that rights must be exercised within the framework of law.
Government's Stand
The Uttar Pradesh government had opposed the petition, arguing that allowing such collections could lead to public nuisance and exploitation. The state counsel submitted that there are existing welfare schemes for transgender persons, and the practice of badhai is often associated with coercion and harassment.
Way Forward
The High Court suggested that the state government should consider formulating a policy to rehabilitate transgender persons and provide them with dignified employment opportunities. The court directed the government to explore measures under the Transgender Persons (Protection of Rights) Act, 2019, to ensure their social and economic inclusion.
This judgment serves as a reminder that while societal practices may persist, they must align with legal standards. The transgender community continues to face challenges in securing their rights, and this ruling underscores the need for comprehensive legal and social reforms.
