Big Transgender Ruling: Allahabad HC Denies Legal Right To Badhai Collection For Kinnar Community, Says ‘Illegal Extraction Has No…’

According to a new judgment by the Allahabad High Court, transgender persons (kinnars) will have no right to collect the customary gifts also known as badhai, which are given on special and auspicious occasions. The Rekha Devi v State of UP division bench judgment was given by Justice Alok Mathur and Justice Amitabh Kumar Rai on April 15. A kinnar Rekha Devi had approached the court to protect the alleged encroachment of her “territorial jurisdiction” by other kinnars. Court said that the collection of money cannot be legitimized. 

The petitioner had invoked Article 14, 19 and 21 of Constitution of India which deal with the fundamental rights of the citizens. She had asked that she should be allowed to collect the badhai without any interference and fear of violence. The petitioner has also asked to clearly demarcate the areas of badhai collection.

The petitioner had claimed customary rights arguing that she was receiving the gifts for several years. While ruling out any legal backing, the Court said the rights sought by the petitioner can not be recognized by the law.
The kinnar petitioner hails from the Gonda district of UP and has been collecting the badhai in a specific area for years while exercising her customary right.

“There is no legitimate or legal backing permitting any person or individual from collecting / extracting any money, tax, fee or cess from any individual except in accordance with law. Such rights as sought by the petitioner are not recognised by law and accordingly the courts in its power under Article 226 of the Constitution of India cannot legitimise the acts of the petitioner without there being any backing of law,” the division Bench said.

The bench said that the Court can direct citizens to pay when such payment, including  tax, cess or fee is derived legitimately from the law.

The court in its judgment also took not of recent controversial transgender protection law.

“We have noticed that even as per the provisions of the Transgender Persons (Protection of Rights) Act, 2019 no such right has been sought to be protected though in the said Act the transgender person was assigned to determine his / her gender. A new bill of 2026 is under consideration of Parliament of India which is a major departure from the Act of 2019 with regard to determination of gender of an individual,” the Court observed.

The “We have noticed that even as per the provisions of the Transgender Persons (Protection of Rights) Act, 2019 no such right has been sought to be protected though in the said Act the transgender person was assigned to determine his / her gender. A new bill of 2026 is under consideration of Parliament of India which is a major departure from the Act of 2019 with regard to determination of gender of an individual. “

“We have noticed that even as per the provisions of the Transgender Persons (Protection of Rights) Act, 2019 no such right has been sought to be protected though in the said Act the transgender person was assigned to determine his / her gender. A new bill of 2026 is under consideration of Parliament of India which is a major departure from the Act of 2019 with regard to determination of gender of an individual. “

The Transgender Persons (Protection of Rights) Amendment Bill was recently passed by the parliament and enacted into a law after it got the President’s assent. The law changes the definition of the transgender persons which government claimed was ‘vague’.

Also Read: Mira Road Stabbing Case: A Lone-Wolf Terror Attack? Zaib Zuber Ansari, Who Attacked 2 Mumbai Men After They Failed To Recite Kalma, Had Alleged ISIS Link