Allahabad High Court Rules Kinnars Have No Legal Right To Collect Badhai

The Allahabad High Court has ruled that transgender persons, commonly known as kinnars, possess no enforceable legal right to collect badhai, the customary gifts offered during auspicious occasions. The judgment clarifies that such practices lack statutory recognition.

A Division Bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai dismissed a petition filed by Rekha Devi, a kinnar. She sought judicial protection against alleged encroachment upon her claimed territorial domain by other members of the community.

Counsel for the petitioner argued that the practice of collecting badhai had continued for decades. They contended that long-standing usage had evolved into a customary entitlement.

The Bench, however, rejected this assertion and held that mere tradition does not confer legal validity.

The Court stated that no individual may levy or extract money, tax, fee, or cess from another person without explicit legal authority. It emphasised that such claims fall outside the framework of recognised rights. The Bench observed that the petitioner’s demand lacked any statutory basis.

The Court further held that it cannot legitimise such actions while exercising jurisdiction under Article 226 of the Constitution of India. It asserted that judicial powers cannot validate practices unsupported by law.

The ruling reinforces the principle that customary practices must align with existing legal provisions. It also underlines that courts cannot endorse claims solely grounded in tradition without legislative sanction.

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