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News India Live, Digital Desk: Allahabad High Court has given a big and important decision regarding acceptance of gifts or ‘Neg’ by Transgenders. The court has clearly stated that accepting gifts or money from any person is not a legal right which can be enforced through the courts. The bench of Justice Gajanan Kumar made this comment when it was hearing a petition related to the ongoing ‘jurisdiction’ dispute between two groups of eunuchs. This stand of the court has rejected the claims in which the eunuchs were demanding to determine their areas.
There was a war of supremacy between two groups of eunuchs. The entire matter is related to Phulpur area of Prayagraj, where there was a dispute between two groups of eunuchs over the right to receive gifts and greetings from the hosts. One party had filed a petition in the court demanding that the boundaries of their area be fixed so that the other party could not interfere in their area. The petitioner’s argument was that this tradition has been going on for generations since the time of their ancestors and they should have the right within a certain limit.
High Court bluntly: Tradition is not above law The court rejected the petition outright, saying that there is no provision in Indian law that allows any particular community to demand gifts or claim it as their ‘right’. The High Court stressed that the greeting or neg entirely depends on the wishes of the host. The court also made it clear that it cannot decide anyone’s jurisdiction on the basis of who will recover money from where. The court considered this to be outside the scope of ‘civil rights’ and directed the police administration to maintain law and order.
Clash of social beliefs and legal norms This decision is also important because for centuries there has been a tradition in Indian society of eunuchs receiving greetings and blessings on auspicious occasions. It is often seen that violent clashes take place between these groups over territories. Allahabad High Court has given the message through this decision that traditions have their place, but court protection cannot be sought by presenting them as legal rights. The court clarified that if someone gives something of his own free will then it is a different matter, but it cannot be taken as coercion or as a right.
Order to police: Action should be taken against those who take law into their hands Along with rejecting the petition, the court has cautioned the local administration that public peace should not be disturbed due to such border disputes. If any party intimidates the other party or tries to extort money, the police should take strict legal action. After this decision, it has now become clear that the courts will not draw any kind of ‘boundary wall’ to resolve the ongoing war of supremacy within the transgender community.