Allahabad HC Says Badhai Has No Legal Backing
The Allahabad High Court has held that transgender persons cannot claim a legal right to extract gifts or money through the traditional practice of “badhai” or “neg”. The court said such customary collection cannot be legitimised as an enforceable legal right.
Allahabad High Court On Badhai Collection
The Lucknow Bench made the observation while dealing with a dispute involving members of the transgender community over rights linked to badhai collection. The practice usually involves seeking money or gifts during occasions such as childbirth, weddings and other family ceremonies.
The court clarified that while such customs may exist socially, they cannot automatically become legal rights unless backed by law. It said no person or group can claim an exclusive legal entitlement to collect money from others under the garb of tradition.
Transgender Persons And Legal Rights
The High Court also noted that the law recognises and protects the dignity, identity and rights of transgender persons. However, it distinguished those constitutional and statutory protections from a claim to collect money as a legally enforceable practice.
The court said rights under law cannot be stretched to justify coercive or compulsory extraction of gifts or money. Any such demand, if made without consent, cannot be treated as lawful merely because it is linked to a customary practice.
Badhai And Neg Collection Dispute
The case raised questions around whether specific transgender groups could claim territorial rights over badhai or neg collection. The court rejected the idea that such territorial claims have legal recognition.
The ruling makes clear that social customs, even when historically practised, must operate within the limits of law. The judgment is expected to be cited in future disputes involving customary collection, coercion and the legal scope of community-based practices.
