Allahabad High Court Rules Against 'Kinnar' Community's Claim for 'Badhai'
Allahabad HC says 'kinnar' community not entitled to seek 'badhai'
Hindustan Times
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The Allahabad High Court ruled that the 'kinnar' community does not have a legal right to demand 'badhai' or customary monetary offerings. The court dismissed a petition from a transgender individual seeking to establish a designated area for collecting these offerings, citing legal and ethical concerns.
- 01The Allahabad High Court ruled against the 'kinnar' community's claim for 'badhai'.
- 02The court emphasized that demands for 'badhai' could be considered illegal under the Bharatiya Nyaya Sanhita.
- 03The petition was filed by Rekha Devi, a transgender person from Gonda district.
- 04The court stated that any collection of money must be authorized by law.
- 05The ruling highlighted that the Transgender Persons Act, 2019, does not grant such rights.
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On Tuesday, the Allahabad High Court, located in Lucknow, ruled that members of the 'kinnar' community do not possess a legal right to demand 'badhai', a customary monetary offering during auspicious occasions. The ruling came as the court dismissed a writ petition filed by Rekha Devi, a transgender individual from Gonda district, who sought to designate a specific area for collecting these offerings. The court noted that such demands could be viewed as an offense under the Bharatiya Nyaya Sanhita, emphasizing that any monetary collection must be legally sanctioned. The judges, Justice Alok Mathur and Justice Amitabh Kumar Rai, stated that allowing such practices could lead to illegal extortion and potential criminal activities. They also pointed out that the Transgender Persons Act, 2019, does not confer any rights for such demands, reinforcing the court's stance against unauthorized financial collections.
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This ruling clarifies the legal standing of customary practices among the 'kinnar' community, potentially affecting their traditional means of income.
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