The Allahabad High Court's Lucknow Bench has dismissed a writ petition filed by a member of the transgender (Kinnar) community seeking judicial protection and territorial demarcation of customary "badhai" or "jajmani" collection rights in Uttar Pradesh's Gonda district, ruling that no person can claim a legal or fundamental right to collect money from individuals without sanction of law. The order was passed on 28 April by a Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai.

What the Petitioner Sought

Petitioner Rekha Devi, a member of the Kinnar community, had approached the High Court seeking directions to declare exclusive territorial jurisdiction for the collection of badhai — a customary practice of receiving monetary gifts on auspicious occasions — from Kati ka Pul in Jarwal town to Ghaghra Ghat and up to Saryu Bridge in Colonelganj. She argued that overlapping territorial claims among different Kinnar groups had triggered violent clashes, including murderous assaults and grievous injuries within the community.

What the Court Held

The Justice Mathur-led Bench firmly rejected the plea, holding that such claimed customary rights cannot be legitimised in the absence of statutory backing. The court stated: "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 their power under Article 226 of the Constitution of India cannot legitimize the acts of the petitioner without there being any backing of law."

The Bench further observed that extraction of money from citizens, whether voluntary or otherwise, cannot be judicially protected outside the framework of law, stating: "Extraction of money from any individual willfully or otherwise cannot be permitted to be made, and any citizen of this country 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."

Transgender Act Offers No Cover

The court also recorded that neither the Transgender Persons (Protection of Rights) Act, 2019, nor any existing legal framework recognises or safeguards such territorial jajmani claims. This is a significant finding, as it draws a clear line between the legal protections afforded to the transgender community under the 2019 Act and the separate question of whether customary monetary collection practices carry enforceable rights.

Warning Against Setting a Dangerous Precedent

Observing that granting such relief would effectively legitimise extortion or illegal monetary extraction, the Bench cautioned that judicial indulgence could open the door to similar claims by unlawful groups. The court warned: "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 individuals, and such illegal extraction has never been sanctioned by law in this country and such extraction is an offence under the Bhartiya Nyaya Sanhita." The writ petition was dismissed as devoid of merit.

Broader Significance

The ruling underscores a recurring tension between the cultural and customary practices of marginalised communities and the boundaries of enforceable legal rights. While the Kinnar community's traditions of badhai collection are historically rooted, courts have consistently held that custom alone cannot override constitutional and statutory frameworks. The judgment is likely to have implications for similar petitions seeking judicial recognition of informal territorial or monetary customs across communities. All eyes will now be on whether the community or advocacy groups pursue legislative channels to address the underlying disputes.