Excelsior Correspondent
JAMMU, Mar 6: In a Public Interest Litigation (PIL) filed by practicing lawyer Parimoksh Seth seeking directions to the respondents to implement the provisions of the Prevention of Beggary Act, 1960 and Prevention of Beggary Rules to stop the menace of begging especially organized begging, Division Bench of High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today directed the Director General of Police to conduct survey to find out the exact population of beggars.
After hearing Senior Advocate Sunil Sethi with Advocate Ankesh Chandel for the PIL whereas Senior Additional Advocate General for the State, the DB directed DGP to conduct survey specifying beggars in three categories—those who are sick and suffer from contagious/infectious disease, those who are below the age of 14 and those who are not suffering from any such disease to which reference has been made in Section 2(b) of the Beggary Act and the children below the age of 14 years who have been pushed to the beggary.
“DGP may also ask the SHO of every Police Station about registration of FIRs of the missing children. The whole data shall be placed before this Court before the next date of hearing and DGP shall make all efforts to ensure that the provisions of the Beggary Act are effectively enforced”, the DB directed, adding “as an interim arrangement buildings to cater the requirement of the statute be hired so as to stop the menace of begging and the associated crimes like kidnapping”.
“It is the primary duty of the Social Welfare Department to set up sick homes within the meaning of Sub Clause (b) of Section 2 of the Beggary Act, where the beggars suffering from leprosy or any other infectious or contagious disease are to be kept. Likewise Clause (g) of Section 2 of the Act contemplates setting up of beggar homes which are required to be notified to be suitable for reception of beggars above the age of 14 years and then again Clause (h) of Section 2 of the Beggary Act postulates setting up of children homes which is required to be notified as suitable place for reception of beggars below the age of 14 years, who are not suffering from any infectious or contagious disease”, the DB said.
“This is the primary duty of the Social Welfare Department which has not been owned in the affidavit filed by it. Therefore, a direction is issued to respondent No.4 to explore the possibility of complying with the obligation imposed by the Act of 1960 on it by setting up sick homes, beggars homes and children homes within the meaning of Section 2(b), (g) and (h) of the Beggary Act”, the DB said.
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