Chetan Prabhakar
Wheneveryou go to a market to eat or buy, can you eat or buy anything without encountering beggars with miserable faces, who come in a row in a well-planned manner starting form children to old men/womento women with small kids to handicapped men/women? Is there some kind of Mafia running this show? Otherwise, how can these beggars come to the market places to beg in a well-planned manner form the people eating or buying things fromthe stores? I remember many instances of the last lock-down, when I was fooled by these beggarswho are experts in making miserable faces to gain sympathy. Wheneverwe used to go out to buy fruitsand vegetables, almost after wewere about to conclude our purchases, these baggers in a row used to come and plead for some alms because they have not eaten anything and out of sympathy,we used to buy something to them or give some money, in turnfeeling great as if we have done a great deed of charity.
These kinds of incidences kept on happening with me till a couple of months back when I ultimately realised about the fact that these beggarsare a part of organised begging mafias or cartels who are placing them at several marketplaces and then, they start begging in a well-planned and well-designed manner with duly following their protocols
There are many questions whichI really ask myself? Who are these people? Who bring them to these markets? Who plans where to beg and how to beg? Because a couple of days back, I along with my father went to buy his medicines during the current lockdown. Most of shops were closed and only medical shops and street vendors selling vegetables and fruits were open. My father went to take his medicines while I was waiting for him in the car and suddenly, a middle-aged woman knocked the window of my car for some alms. I said no to her as now I considered myself a little wiser than earlier, as now I do not get fooled easily by their fake miserable faces. Thereafter, one small girl came for alms, I said no. Then, a woman with kid came, I said no and then, again an old woman came, I said no and thereafter, one middled aged woman came with a miserable face and this time, I blasted at her in irritation.
The question is how they have changed the places from well-known grocery stores, sweet shops, bakery shops, eatery jointsetc. to big medical stores? How have they become so aware that now they have to beg at these big medical stores? Why in such a critical situation they are freely roaming on roads in large groups? Why our administration is not doing anything? Why police authorities are not doing anything? Why our government authorities are not noticing them and taking any action in this regard for the safely of all during this epidemic?
We, the people of Jammu are equally responsible for this beggary menace, because we also promote beggary by giving to these people as charity out of our kindness considering these as pious deedsto wash our sins,without realizing that giving beggars money or anything else is promoting beggary mafias and cartels. These cartel and mafias in their pursuit of begging, kidnap small kids.
As per the Jammu and Kashmir Prevention of Beggary Act, 1960, which is an Act for preventing beggary and making beggars good citizens, defines begging as (i) soliciting alms in a public place, or in or about a temple, mosque or other place of public worship, whether or not under any pretence; (ii) entering on any private premises for the purpose of soliciting alms; (iii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease whether of human being or an animal and; (iv) having no visible means of subsistence and wandering about or remaining in any public place or in a temple, mosque or other place of public worship in such condition or manner as makes it like that the person doing so exists by soliciting alms.
As per the Act, begging is an offence and If any person is found begging, he/she shall be guilty of an offence under this Act and any Police Officer or other person authorised in this behalf by the District Magistrate may arrest without a warrant any person who is found begging and they have to be detained in a Sick Home, Beggar’s Home or Children’s Home for the first time and when a person is convicted for the second time, the Court shall order him to be detained in a Sick Home, Beggar’s Home or Children’s Home, as the case may be, for not less than seven years.
In April 2015, in a Public Interest Litigation filed by AdvocateParimoksh Sethbefore the Hon’ble High Court of Jammu for implementation of the provisions of the Prevention of Beggary Act, 1960 and Prevention of Beggary Rules to stop the menace of begging especially organized begging in the State of J&K, the Division Bench of Jammu High Court comprising Chief Justice N Paul Vasantha Kumar and Justice Dhiraj Singh Thakur in the said PIL directed the State to construct adequate number of beggar’s homes/children home/sick homes within a period of six months from the date of receipt of the order. But this order does not seem to have been implemented as there are no sick home/beggars’ home/children’s homes in the UT of Jammu and Kashmir.
Aside, vide a Judgement dated 25.10.2019 the High Court of Jammu and Kashmir in a PIL filed by one Advocate Suhail Rashid Bhatdeclared the provisions of the Jammu & Kashmir Prevention of Beggary Act, 1960 and the Jammu & Kashmir Prevention of Beggary Rules, 1964 as unconstitutional and after pronouncement of the aforesaid Judgement, the menace of beggary seemed to have increased in the UT of Jammu & Kashmir. The UT of Jammu & Kashmir has not challenged this Judgement before the Supreme Court of India which it ought to have done but may be due to pressure from human rights activists have not challenged it before the Supreme Court of India. It is my humble request to the Government of UT of Jammu and Kashmir to challenge the Judgment dated 25.10.2019 which declared that the provisions of the Jammu & Kashmir Prevention of Beggary Act, 1960 and the Jammu & Kashmir Prevention of Beggary Rules, 1964 as unconstitutional before the Hon’ble Supreme Court of India.
By way of this article, this is my humble request and appeal to the government and administration of the UT of J&K to curb the menace of beggary and beggary mafias for us to have a safe and secure Jammu& Kashmir by immediately challenging the Judgment dated 25.10.2019 before the Hon’ble Supreme Court of India or enacting a new law to prevent organised beggary and beggary mafias in the UT of J&K and also implement the Judgement dated 21.04.2015 of the Hon’ble High Court of Jammu & Kashmir in its letter and spirit and construct adequate number of beggars’ homes/children’ homes/sick homes which will help in curbing the menace of beggary in the UT of J&K and also help the innocent children and other people who are in grip of these cartels/mafias to become good citizens and have a life of dignity and self-respect.
(The author is an Advocate at Jammu High Court)
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