Allahabad High Court Rules Against Legal Rights for Transgender Gift Collection
Transgender persons have no legal right to collect customary gifts: Allahabad HC
Hindustan Times
Image: Hindustan Times
The Lucknow bench of the Allahabad High Court ruled that transgender persons, referred to as 'Kinnars', do not have a legal right to collect customary gifts known as 'Badhai'. This decision arose from a petition by Rekha Devi, who sought protection for her right to collect these gifts, which the court deemed lacking legal basis.
- 01The Allahabad High Court ruled that transgender persons have no legal right to collect customary gifts.
- 02The court rejected a petition from Rekha Devi, a member of the transgender community, for protection of her collection rights.
- 03The ruling emphasized that such practices lack legal backing under Indian law.
- 04The court referenced the Transgender Persons (Protection of Rights) Act, 2019, stating it does not recognize the right to collect gifts.
- 05The decision aims to prevent illegal extraction of money under the guise of customary practices.
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The Lucknow bench of the Allahabad High Court ruled that transgender persons, known as 'Kinnars', do not possess a legal right to collect 'Badhai', which are customary gifts given during auspicious occasions. This ruling came in response to a petition by Rekha Devi from Gonda district, who argued that the collection of these gifts had been a long-standing custom and should be recognized as a right. However, the court, led by Justice Alok Mathur and Justice Amitabh Kumar Rai, stated that there is no legal framework supporting such a practice. The court emphasized that any collection of money must be sanctioned by law, and allowing such practices could lead to illegal extortion. The ruling also noted that the Transgender Persons (Protection of Rights) Act, 2019 does not provide for the right to collect gifts, and highlighted a new bill under consideration that may alter the legal landscape for transgender rights in India.
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The ruling affects the transgender community's ability to legally collect customary gifts, which may impact their traditional practices and livelihoods.
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