Prayagraj, April 29: The Allahabad High Court Lucknow bench has held that collection of money by members of the kinnar community in the name of ‘badhai’ or ‘neg’ is illegal and cannot be granted legal recognition under any circumstances.
The court observed that collecting money without legal backing amounts to an offence under the Bharatiya Nyaya Sanhita. It said such practices cannot be justified merely on the basis of custom or tradition.
Bench rejects plea
The order was passed by a division bench of Justices Alok Mathur and Amitabh Kumar Rai while hearing a petition filed by a kinnar, Rekha Devi.
In her plea, the petitioner had sought demarcation of certain areas in Gonda district for exclusive collection of ‘neg’. She argued that she had been collecting money in these areas for years and disputes were arising due to the entry of other kinnars.
The court was also told that under the ‘jajmani’ tradition, this had become a customary right and required judicial protection. The petitioner further argued that territorial demarcation was necessary to prevent conflicts.
No legal recognition
Rejecting these submissions, the bench said illegal collection cannot be legitimised on the basis of tradition. It added that accepting such a demand would amount to encouraging unlawful activities.
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The court also noted that laws relating to the rights of transgender persons do not contain any provision recognising the collection of ‘neg’. It held that such a practice cannot be treated as either a fundamental or statutory right.
