KOSHISH, A FIELD ACTION PROJECT OF TATA INSTITUTE OF SOCIAL SCIENCES Vs. STATE OF MAHARASHTRA THROUGH PUBLIC PROSECUTOR, HIGH COURT AT BOMBAY, MUMBAI

JUDGEMENT

(1.) The Petitioner has invoked the power of Superintendence of this Court under Article 227 of the Constitution of India, challenging the impugned orders dated 7th May, 2018, passed by the learned Chief Judicial Magistrate, Nashik, under Section 5(5)(c) of the Bombay Prevention of Begging Act, 1960 ("the Act", for short). The short title of the Act is amended as "Maharashtra Prevention of Begging Act".

(2.) The Petitioner no.1 works towards creation of policies and programmes for homeless population and those who live at the margins of society in urban areas. The Petitioner no.1 aims to humanise existing institutions under this begging Prevention Law and work towards the rehabilitation of custodialised population living in beggars homes. The Petitioner nos. 2 to 30 represent 30 women and 19 children, who have been picked up by Nashik Police and were sentenced to detention at a certified institution in Chembur by impugned order dated 7th May, 2018 passed by the Chief Judicial Magistrate, Nashik.

(3.) The Petitioners are aggrieved by the impugned order dated 7th May, 2018 passed under Section 5 of the Bombay (Maharashtra) Prevention of Begging Act, 1960. According to the Petitioners, the learned Magistrate had wrongfully and arbitrarily declared Petitioner nos.2 to 30 as beggars and directed to be detained for one year to a certified institution at Chember, Mumbai. These women and the children, who are at young and sensitive age, were illegally picked up from the streets/place of work, at Nashik, on 7th May, 2018.