The Situation: When Tradition Turns Into Pressure
Imagine this: There is a wedding in your family or a new baby has just arrived. Amidst the celebration, a group of transgender persons (often referred to as the Kinnar community) arrives at your doorstep. They perform, sing, and then demand a specific sum—say ₹21,000 or ₹51,000. When you offer ₹2,100, they refuse to leave, block the entrance, or start using loud, intimidating language. You feel pressured to pay just to avoid a scene in front of your guests. You wonder: "Is this actually a legal requirement? Do they have a right to this money?"
While the tradition of badhai (receiving gifts for blessings) is deeply rooted in Indian culture, the line between a voluntary gift and forced collection is often blurred. This guide breaks down exactly what the law says about these demands and how you can handle such situations without violating anyone’s dignity or your own rights.
What the Law Actually Says
The most definitive word on this comes from the Allahabad High Court in the case of Smt. Preeti Alias Preeti Kinnar vs. State Of U.P. And 3 Others (2023). In this case, a transgender person moved the court seeking a direction to the police to allow them to collect badhai in a specific area without interference.
The Court dismissed the petition, stating clearly that there is no legal right to demand badhai. The Bench observed that while badhai is a customary practice, it has no statutory or legal backing that allows anyone to demand it as a matter of right. You can read the judgment details on indiankanoon.org.
Key Legal Frameworks
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The Transgender Persons (Protection of Rights) Act, 2019: Under Section 18(d) of this Act, compelling or enticing a transgender person to indulge in the act of begging is a punishable offence with imprisonment up to two years and a fine. While the community often argues that badhai is not begging but a traditional right, the courts have not recognised it as a legally enforceable right. You can find the full Act on the Social Justice Ministry portal.
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Bharatiya Nyaya Sanhita (BNS), 2023: If the demand for money involves threats or force, it moves from "custom" to "crime."
- Section 308 (Extortion): Intentionally putting a person in fear of injury to deliver any property or valuable security.
- Section 329 (Criminal Trespass): Entering into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy.
- Section 351 (Criminal Intimidation): Threatening someone with injury to their person, reputation, or property to make them do something they are not legally bound to do.
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Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Under Section 173 (which replaced Section 154 of the CrPC), the police are mandated to register an FIR if a cognisable offence (like extortion or criminal trespass) is reported. If you are facing harassment, you should know how to file an FIR (and what to do if police refuse).
Step-by-Step Playbook: Handling Forced Demands
If you find yourself in a situation where a group is demanding badhai forcibly, follow these steps to resolve the issue legally and peacefully.
Step 1: Stay Calm and De-escalate
Avoid aggressive shouting or physical confrontation. The goal is to set a firm boundary without escalating the tension. Acknowledge the tradition but state your limit clearly.
- What to say: "We respect the tradition and are happy to offer a gift of ₹[Your Amount] as a token of our appreciation. However, we cannot pay the amount you are asking for."
- Timeline: Immediate.
Step 2: Document the Interaction
If the group becomes aggressive, starts using abusive language, or refuses to leave your private property, start recording the interaction on your phone.
- What to capture: The number of people, the specific demands being made, any threats used, and the fact that you have asked them to leave your property.
- Why: This serves as crucial evidence if you need to report the matter under Section 329 (Criminal Trespass) or Section 351 (Criminal Intimidation) of the BNS.
Step 3: Cite the Allahabad High Court Ruling
Politely inform the group or their leader that the High Court has ruled that there is no legal right to demand badhai.
- The script: "As per the Allahabad High Court ruling in the Smt. Preeti case, badhai is voluntary. We are offering what we can afford. Forcing us to pay more is not legally allowed."
- Tip: Often, mentioning that you are aware of the legal position can discourage groups that rely on the homeowner's lack of knowledge.
Step 4: Call the Police Helpline (112)
If the group enters your home without permission or blocks your gate, call the national emergency number 112.
- What to tell the operator: "I am reporting a case of criminal trespass and extortion at [Your Address]. A group is forcibly demanding money and refusing to leave my property."
- Expected Timeline: Police usually arrive within 15–30 minutes in urban areas.
- If it fails: If the local beat constable arrives and tries to "settle" the matter by asking you to pay a smaller amount, stand your ground. State that you want to file a formal complaint under Section 173 of the BNSS.
Step 5: File a Complaint with the District Magistrate (DM)
Many districts have Transgender Welfare Boards or specific cells to handle grievances involving the community. If this is a recurring issue in your locality, file a written complaint with the DM’s office.
- What to bring: A written application detailing the date, time, and nature of harassment, along with any video evidence.
- Outcome: The DM can issue instructions to the local police station (Thana) to increase patrolling during festive or wedding seasons to prevent forced collections.
Step 6: Use Transparency Tools
If you suspect that local police are in cahoots with groups that extort money, you can file an RTI online to ask the Public Information Officer (PIO) of the police department about the number of complaints received regarding forced badhai and the actions taken. This puts pressure on the department to act.
If the harassment extends to online threats or social media shaming, you should immediately use the Cyber Crime reporting portal.
Dealing with these situations can be mentally taxing. If you feel overwhelmed or threatened, don't hesitate to reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for support. For more information on your rights as a citizen, you can browse all civic-action guides.
Where it usually breaks
Even when the law is on your side, ground reality in India can be messy. Here is where the system usually fails and how you can push back.
1. The "Police Nuisance" Factor
When you call 112 or visit the local thana, the police might dismiss your complaint as a "minor social issue" or a "traditional matter." Some officers are hesitant to intervene because they want to avoid the optics of "harassing" a marginalized community.
- The Workaround: Don't just complain about the "noise." Use the specific legal terms from the Allahabad High Court judgment. Tell the officer: "The Allahabad High Court in the Preeti Kinnar case (2023) has ruled there is no legal right to badhai. This is a case of Extortion under Section 308 of the BNS." If they still refuse, ask for the Duty Officer’s name and mention you will escalate this to the ACP/DCP via the PG Portal.
2. The "Elder Pressure" at Home
You might be ready to stand your ground, but your parents or grandparents might panic. They often fear a "curse" or worry about "log kya kahenge" (what people will say) if a scene is created during a celebration.
- The Workaround: Show them the news or the court order. Explain that paying ₹21,000 isn't "respecting tradition"—it's rewarding a protection racket. If they insist on paying, try to negotiate a "token gift" amount (like ₹501 or ₹1,100) and ensure the group leaves immediately.
3. Retaliation or "Area Rights"
Transgender groups often divide cities into "territories." If you refuse one group, they might tell others, or a more aggressive group might show up later.
- The Workaround: If you feel a specific group is targeting your colony repeatedly, don't handle it alone. Involve your Resident Welfare Association (RWA). A formal letter from the RWA to the local SHO (Station House Officer) carries much more weight than an individual complaint. It forces the police to increase patrolling in your lane.
4. Portal/Helpline Glitches
In the heat of the moment, the 112 app might lag, or the police might take 40 minutes to arrive.
- The Workaround: Keep a recording going. Often, simply seeing a young person calmly recording the interaction and stating, "I am calling the police and I have the High Court order on my phone," is enough to make the group move to an easier target.
Templates / script
Script: What to say during the confrontation
Keep your voice steady. Do not use slurs or get physical.
"We are happy to give you a voluntary gift of ₹1,100 for your blessings. However, we will not pay ₹11,000. The Allahabad High Court has clearly ruled that you have no legal right to demand a specific amount. If you continue to block our gate or shout, I will have to call 112 and report this as criminal intimidation under Section 351 of the BNS. Please take the gift and let us continue our function."
Template: Formal Police Complaint (if they don't leave)
Copy-paste this into a letter or email to your local SHO.
To,
The Station House Officer,
[Name of Police Station], [City]
Subject: Complaint regarding extortion and criminal intimidation under BNS.
Sir/Madam,
I am writing to report an incident occurring today, [Date], at [Your Address]. A group of individuals claiming to be from the Kinnar community has entered my premises without permission (Criminal Trespass, Section 329 BNS).
They are forcibly demanding a sum of ₹[Amount] as 'badhai'. Despite our offer of a voluntary gift, they are using abusive language and refusing to let guests enter (Extortion, Section 308 BNS; Criminal Intimidation, Section 351 BNS).
As per the judgment of the Hon'ble Allahabad High Court in Smt. Preeti Alias Preeti Kinnar vs. State Of U.P. (2023), there is no legal right to collect such gifts. I request you to send a PCR van immediately to disperse the group and register an FIR if they refuse to comply.
Regards,
[Your Name]
[Your Phone Number]
Template: RTI for Police Inaction
If you filed a complaint and the police did nothing, file an RTI on rtionline.gov.in.
Text for RTI:
"With reference to my complaint dated [Date] regarding extortion at [Address], please provide the following information under Section 6(1) of the RTI Act 2005:
- Daily progress report on the said complaint.
- Names and designations of the officers responsible for investigating the complaint.
- If no FIR was registered despite the mention of cognizable offences (Section 308 BNS), provide the written reasons for the same as per the Lalita Kumari (2014) judgment of the Supreme Court."
FAQs
1. Is there a "government-approved" rate for badhai?
No. There is no law, notification, or government order in any Indian state that fixes a rate for badhai. Any claim by a group that "the rate in this colony is ₹21,000" is legally baseless. It is entirely a voluntary gift (donation), not a fee or a tax.
2. Can they legally enter my house or block my car?
Absolutely not. Entering your home without an invite is "Criminal Trespass" (Section 329 of the BNS). Blocking your path or your vehicle is "Wrongful Restraint" (Section 126 of the BNS). You have the right to ask them to leave your private property immediately.
3. What if they start stripping or using vulgar gestures?
This is a common tactic used to embarrass families into paying. Under Section 296 of the BNS (which deals with obscene acts in public), this is a punishable offence. You should document this (if safe) as it provides strong evidence for a police complaint.
4. Does the Transgender Persons Act 2019 protect their right to badhai?
No. The Transgender Persons (Protection of Rights) Act, 2019, focuses on protecting them from discrimination in education, employment, and healthcare. It does not grant any special right to demand money from citizens. In fact, Section 18 of the Act makes "compelling a transgender person to beg" a crime.
5. Should I pay a small amount just to avoid the hassle?
That is a personal choice. Many people pay a small "token" amount (₹500–₹1,000) out of respect for the tradition. However, the moment the demand becomes a "requirement" or involves threats, it becomes a legal issue. You are never legally obligated to pay even one rupee.
6. What do I do if the police say "it's their culture"?
Politely remind the officer that "culture" does not override the Bharatiya Nyaya Sanhita. Mention the Smt. Preeti Alias Preeti Kinnar (2023) judgment again. If the officer refuses to act, take their badge number and tell them you will be filing a complaint with the Police Complaints Authority (PCA) for dereliction of duty.
7. Who can I call if the local police station is not responding?
If the local thana is unresponsive, call the 112 emergency helpline. These calls are recorded at a centralized command centre, making it harder for local cops to ignore the incident. You can also reach out to the District Magistrate's office or use the state's CM Helpline portal.
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