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High Court rules that collection of money must be backed by law, not tradition alone.

Allahabad High Court rules there is no legal basis for collecting ‘badhai’ without statutory backing.

Court Says Traditional Practice Cannot Override Legal Framework

Rekha Devi had argued that the trend of taking such money or gifts has been going on for many years. It has become a traditional right. But a bench of Justices Alok Mathur and Amitabh Kumar Roy ruled that there was no legal basis for it. The court has also given many arguments about this.

 

The Lucknow bench of the Allahabad High Court has said that transgenders have no legal right to accept 'badhais' i.e. traditional offerings or gifts made on auspicious occasions. In this case, a petition was filed by Rekha Devi, a member of the transgender community. Rekha Devi had argued that the trend of taking such money or gifts has been going on for many years. It has become a traditional right. But a bench of Justices Alok Mathur and Amitabh Kumar Roy ruled that there was no legal basis for it.

 

What were the arguments made by the High Court?

 

The court, while ruling in this case, said that a citizen can be directed to pay only such tax, cess or fee as can be properly charged from him according to the law. According to the report of the Bar and Bench, the court said that withdrawal of money in this way cannot be justified in any way. The court said,

 

There is no valid or legal basis which permits anyone to collect or receive any money, tax, fees or cess from any other person except as per the procedure prescribed by law. The rights sought by the petitioner are not recognised by law. In exercise of its powers under Article 226 of the Constitution of India, the Court cannot uphold the actions of the petitioner unless they are supported by any law."

 

If there is any leniency in the case of the petitioner, there may be many more people or gangs who are active and are extorting or extorting money from the people. The law in this country never recognises such illegal extortion. Such extortion is an offence under the Indian Judicial Code.


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