SUSHILA KANWAR POONAM KUNWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Notice. Service of Notice is waived by Mr.V.B.Gharaniya, the learned Asst. Government Pleader for the respondent no.1, 2 and 3. The petitioners seek a declaration that they as enunchs are entitled to practise the occupation of receiving alms/gifts from the public and are free to move anywhere for the practise of such occupation. A declaration is also sought that the action of the respondent authorities restraining the petitioners from receiving alms is illegal and unconstitutional. A further direction is sought that investigation into the offences which are alleged against the respondent no.4 who is President of Nanpura Hijda Samaj, Surat may be made by the Police Authorities.

(2.) According to the petitioners, they were forcibily converted into enunchs by the Head of the Principal Seat i.e. respondent no.4. They have been residing at Hijdavad and paying money to the Head of the Seat by collecting alms (described as voluntary pleasure gifts) from Public on good occasions. It is stated that since the time of their conversion as enunchs, they have been practising this occupation. It is alleged that the respondent no.4 interrupted in the petitioners collecting alms and complaints had to be filed. Instances are cited alleging that the respondent no.4 through his henchmen attacked the petitioners and robbed them of their money collected by them. It is stated that the petitioners as members of the enunchs community have renounced their normal lives and have no other skills to earn their livelihood. They have therefore no option for their survival except professing demand of alms on good occasions.

(3.) The Learned Counsel appearing for the petitioners submitted that the petitioners are accepting alms/gifts only when they are voluntarily given and it is an age old practise which should be recognised. He also submitted that the respondent no.4 who was the Head of the Principal Seat of enunchs at Surat was behaving in an high handed manner with the aid of Police and preventing the petitioners from pursuing their occupation of receiving money from the Public on good occasions. It is contended that the petitioners have a fundamental right to practise the ocupation of demanding alms for their livelihood.