‘No legal backing’: Allahabad High Court rejects transgender person’s plea seeking area to collect ‘badhai’

Plea for protection

According to the petition, members of the Kinnar community residing within the jurisdiction of Colonelganj Police Station in Gonda district have traditionally exercised jajmani rights to collect badhai in specific areas.

The petitioner argued that disputes had arisen because other kinnars were allegedly encroaching on each other’s territorial jurisdictions, resulting in enmity, violent clashes, and even murderous assaults among members of the community.

Seeking protection under Articles 14 (equality before law), 19 (freedom of speech) and 21 (protection of life and personal liberty) of the Constitution, the petitioner urged the court to direct authorities to demarcate and declare her territorial jurisdiction for the collection of badhai, extending from Kati ka Pul in Jarwal town to Ghaghra Ghat and up to Saryu Bridge in Colonelganj, to prevent future disputes.

‘Not recognised by law’

• At the outset, the Allahabad High Court bench framed two key questions for consideration: Whether the petitioner had any fundamental right to collect badhai or jajmani that could be protected by the court, and whether granting the relief sought would amount to legitimising such operations.
• The court held that there is no legitimate aspect allowing a person to collect or extract money, tax or cess from another person.
• It added that the rights sought by the petitioner are not recognised under law and, accordingly, the courts in its power under Article 226 (power of high courts to issue writs) of the Constitution “cannot legitimize the acts of the petitioner without there being any backing of law.”
• The Allahabad High Court remarked that a citizen of the country can be directed to pay only a legitimate amount in accordance with the law.

• Extraction of money from any individual “wilfully or otherwise” cannot be permitted and any citizen of this country can be directed to pay only such amounts of tax, cess or fee which can be “legitimately extracted”, the bench stated.
• The court also noted that the Transgender Persons (Protection of Rights) Act, 2019, does not protect any such claimed right.
• On the consequences of allowing the plea, the Allahabad High Court said that there may be other persons or gangs engaged in illegal extraction or extortion who might take advantage.
• Such “illegal extraction” has never been sanctioned by law in this country, the court said, while dismissing the petition.