PARIMOKSH SETH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) THIS Public Interest Litigation is filed by an advocate practicing in this Court, praying for issuance of writ of mandamus directing the respondents to implement the provisions of Beggary Act, 1960 and Prevention of Beggary Rules in the State of Jammu and Kashmir in their true perspective and spirit and stopping the menace of begging especially organized begging in the State of Jammu and Kashmir. In the affidavit filed in support of this petition the petitioner has stated that the State of Jammu and Kashmir enacted a legislation known as the J & K Prevention of Beggary Act, 1960 to prevent begging in the State and also for creating avenues for rehabilitation. The aforesaid legislation makes begging as an offence as per Section 3 of the Act and under Section 4 of the Act the police officers are authorized to arrest a person, indulging in begging, without warrants. Section 5 envisages for summary enquiry against the person found begging. The said Act provides for creation of beggar's home, public sick home and children home for such beggars and avenues for rehabilitation of beggars. According to the petitioner, even though the Act was enacted in the year 1960, the provisions of the Act have not been enforced, which is apparent as several persons are seen begging at traffic signals, at busy markets, tourist places, railway stations, bus stops and in front of the religious places. The respondents are under obligation to take steps for establishing beggar's home, children home, etc. to prevent begging. The petitioner, before filing the writ petition, issued a notice and having not received any response the writ petition has been filed praying for direction to implement the said Act and Rules.

(2.) WHEN the writ petition was posted for admission on 04.07.2013 notice was ordered and counsel for the State was asked to take notice and file status report within two weeks. Further time was asked for when the matter was posted on 13.11.2013 and time was granted upto 18.12.2013. On 18.12.2013 the respondents were directed to ensure implementation of Sections 3, 4 and 5 of the J & K Prevention of Beggary Act, 1960 and also to furnish list of cases registered and pending with status of those cases. On 06.03.2014, the Social Welfare Department filed objections stating that the said department is not the executing agency as the provisions of the Act have to be enforced and executed by the Home Department. The Social Welfare Department has also sent communications to the Home Department in the years 2010, 2011 and 2013 in that aspect. Considering the said stand, a further direction was issued holding that it is the duty of the Social Welfare Department to set up sick homes in the State, within the meaning of sub clause (b) of Section 2 of the Beggary Act, where beggars suffering from leprosy or other infectious or contagious diseases are to be kept. Clause 2(g) of Section 2 contemplates setting up of beggar's home, which are to be notified to be suitable for reception of beggars above the age of 14 years. Clause 2(h) of Section 2 of the Act contemplates setting up of children homes to receive children begging below the age of 14 years who are not suffering from any infectious or contagious disease, as it is the duty of the social welfare department. The Director General of Police was also directed to conduct survey in the whole State to find out the beggars population classifying them in three categories i.e. (a) the beggars who are sick and suffering from contagious/infectious diseases, (b) beggars who are below the age of 14 and are not suffering from any such disease and (c) children who have been pushed to beggary below the age of 14 and do not suffer from any disease. The Director General of Police was also directed to collect the data from the Station House Officers of every police station about registration of FIRs of missing children and he was further directed to effectively enforce the provisions of the Act.

(3.) IN the status report filed by respondent No. 3, i.e. Director General of Police it is stated that all efforts were made for effective enforcement of the provisions of the Beggary Act and the Station House Officers were directed to ensure that the provisions of the Act are strictly enforced in their respective jurisdictions. It is further stated that on the basis of the feedback received from all the concerned district SPs/SSPs, 98 beggars in District Jammu were found, out of which 37 beggars are normal, 16 are sick, 2 are suffering from contagious/infectious disease i.e., T.B. and 43 are handicapped. Three are below the age of 14 years and are not suffering from any disease. As per the information received from SSP Reasi, there are some minor girls under the jurisdiction of Police Station, Katra, who are below the age of 14 years and are local and perform as "Kanjakas" and after their "kanjak pujans" some dakshina is given to them by the devotees and they cannot be treated as beggars. No children below the age of 14 years have been punished into beggary. The cases registered as per the report received from SSP Doda, Kishtwar, Ramban, Udhampur, Reasi, Kathua and Rajouri were also mentioned in the status report. The number of persons arrested has also been furnished.