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news details
PIL regarding quashing Prevention of Beggary Act, 1960
DB issues notices to CS
2/4/2019 11:02:58 PM
Early Times report
Jammu, Feb 4: In a Public Interest Litigation filed by Sudesh Langeh seeking quashment of Jammu & Kashmir Prevention of Beggary Act, 1960 along with Jammu & Kashmir Prevention of Beggary Rules, 1964 as unconstitutional ; as it violates the Fundamental Rights guaranteed under Articles 14, 19, 20, 21 and 22 of the Constitution of India .
A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Tashi Rabstan after hearing Adv Aparjita Jamwal for the PIL, issued notices to Chief Secretary J&K, DGP J&K, Law Dept and Social Welfare Department.
DB directed respondents to file objection within one week and also examined the provisions of the Railways Act which also criminalize begging.
During the course of hearing Adv Aparjita Jamwal appearing for the PIL submitted that there is more to begging and beggars in India than meets the eye. Poverty is a sad reality of the country and in spite of the efforts made by the Government and the Non Government Organisations (NGOs), it will take considerable time to phase out. The beggars are just one of the by-products of this mess. Transgender's employability is still in question and many are forced to beg for a living. For about 80 per cent of the third gender community, begging or sex work continues to be the main occupation and that by treating beggars simultaneously as criminals and as those in need of help, our State Government has failed in their duty to reintegrate them into society, with the result that they usually end up begging again. Doing so incriminates them again, and the punishment for repeat offences is higher extending to detention for an indefinite period of time. State's policy-makers must develop a consistent and humane approach towards begging, which focuses not on penalizing but on rehabilitating them. The District magistrate Srinagar issued an order dated 23.05.2018 whereby he directed to arrest all the beggars under the Act.
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