May 19, 2024

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SC asks Centre, 4 states to reply on plea searching for repeal of provisions criminalising begging

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The Supreme Court has requested the Centre and 4 states, together with Maharashtra and Gujarat, to file their response inside three weeks on a plea searching for a path to repeal the provisions criminalising begging.
A bench of justices Ashok Bhushan and R Subhash Reddy famous in its order that although a discover was issued on the plea on February 10 this 12 months, solely Bihar has to this point filed its response within the matter.
“Although notice has been issued on February 10, 2021, a reply has been filed by the respondent – state of Bihar – only and other respondents have not yet filed their reply. Let reply be filed within three weeks,” the bench stated in its order handed on Friday.
The apex courtroom has posted the matter for listening to after three weeks.
The high courtroom had in February sought a response from the Centre, and the states of Maharashtra, Gujarat, Punjab, Haryana and Bihar on the plea which has claimed that the sections of the statute criminalising begging are violative of constitutional rights.
The plea filed by Meerut resident Vishal Pathak has referred to the August 2018 verdict of the Delhi High Court which had decriminalised begging within the nationwide capital and stated that provisions of the Bombay Prevention of Begging Act, 1959 which treats begging as an offence can not maintain constitutional scrutiny.
“The provisions of the statutes criminalising the act of begging put people in a situation to make an unreasonable choice between committing a crime or not committing one and starving, which goes against the very spirit of the Constitution and violates Article 21 i.e. Right to Life,” stated the plea, filed by way of advocate H Ok Chaturvedi.
Referring to the Census 2011, the plea has stated that the overall variety of beggars in India is 4,13,670 and the quantity has elevated from the final census.
It stated that the federal government has the mandate to offer social safety to everybody and be sure that all have fundamental services, as embedded within the Directives Principles of State Policy within the Constitution.

“However, the presence of beggars is evidence that the State has failed to provide these basic facilities to all its citizens, thus instead of working on its failure and examining what made people beg, criminalising the act of beggary is irrational and against the approach of a socialist nation as embedded in the preamble of our Constitution,” the plea has claimed.
It stated that an individual, who’s compelled to beg attributable to sure circumstances, can’t be faulted for his actions.
The plea has claimed that ‘The Abolition of Begging and Rehabilitation of Beggars Bill 2018’ was launched in Lok Sabha however “till date, this bill is not passed and is wedged in length parliamentary procedures, that has resulted in thousands of poor facing more hardships because of present arbitrary statutes.”

The petition has sought instructions to declare as “illegal and void” all provisions, besides some sections, of the Bombay Prevention of Begging Act, 1959, Punjab Prevention of Beggary Act, 1971, Haryana Prevention of Begging Act, 1971 and Bihar Prevention of Begging Act 1951.
It has additionally sought to declare all different comparable Acts prevailing in any a part of the nation as unlawful.

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