Right Of Transgender Persons To Collect Customary Offerings, Badhai Not Recognized By Law: Allahabad High Court

The petition before the High Court was filed by a member of the transgender community residing within the jurisdiction of Police Station Colonelganj, District Gonda, who claimed that they had been exercising the traditional customary / jajmani rights to collect badhai (customary offerings/gifts which are given on auspicious occasions) in a defined territorial jurisdiction for several years.

The Division Bench of Justice Amitabh Kumar Rai and Justice Alok Mathur held, “Considering the arguments of learned counsel for the petitioner that such collection is being made by them for a number of years and has translated into a customary right and such a customary right is sought to be protected by means of present writ petition. Needless to say 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 recognized by law and accordingly the courts in its power under Article 226 of the Constitution of India cannot legitimize the acts of the petitioner without there being any backing of law.”

Advocate Pramod Kumar represented the Petitioner, while Chief Standing Counsel represented the Respondent.

Arguments

It was the case of the petitioner that there are similarly other transgender individuals residing in district Gonda who are also realizing the badhai, and they are encroaching upon each other's territorial jurisdictions, due to which there is enmity between them. It was also brought to the Court’s notice that there have been instances of murderous assaults and fights causing grievous hurts to the members of their own community. The petitioner thus sought a direction to the respondents to demarcate and declare their territorial jurisdictions for the collection of badhai / jajmani rights extending from Kati ka Pul in Jarwal town to Ghaghra Ghat and up to Saryu Bridge in Colonelganj to prevent future disputes.

Reasoning

The Bench explained that the extraction of money from any individual willfully or otherwise cannot be permitted to be made, and any citizen 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.

The Bench went on to clarify, “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 Bench was of the view that such extraction of money cannot be legitimized, and the prayer made in the writ petition cannot be accepted. “In case any indulgence is shown in the respect of the petitioner there may be several other persons / gangs which may be operating and making illegal extraction / extortion from individual and such illegal extraction has never been sanctioned by law in this country and such extraction is an offence under the Bhartiya Nyaya Sanhita”, it added.

Thus, finding the petition to be devoid of merit, the Bench dismissed the same.

Cause Title: Rekha Devi v. State Of U.P. (Neutral Citation: 2026:AHC-LKO:25757-DB)

Appearance

Petitioner: Advocates Pramod Kumar, Sangeeta Verma, Sarojani Misra

Respondent: Chief Standing Counsel

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