Anti begging law
Garvit Chauhan
(Querist) 17 November 2012
This query is : Resolved
Hi! Govt. of Delhi imposed anti-Begging Law during Commonwealth Games-2010. Under the acts many beggars were moved out of the territory of Delhi. I believe its violation of Fundamental Rights but can not find the bare act for the same. Any suggestions would be most welcomed. kindly provide me the link for act if any body does have.
Guest
(Expert) 17 November 2012
Are not you trying to beat the bush after more than two years of passing the snake?
Sudhir Kumar, Advocate
(Expert) 17 November 2012
so you want resumption of begging in city.
One one hand you say that fundamental rights are affected on other hand you are searching for bare act.
you file a PIL on behalf of all beggars if you feel their fundamental rights are affected.
By the way some of the beggars are not so poor that they cannot afford lawyer.
V R SHROFF
(Expert) 17 November 2012
Begging too is well organised, with their crerepati bosses.
If Beggers and hijda harass you, disturb your peace, touch you every now and then with their dirty hands and dirty faces, irritates you in public places and trains, Are we not deprived of our fundamental right ??
And they are well guided and trained and instructed by their Bosses.
Bosses changes [sex, hormones convertinmg to higda ] of innocent young generation for This Business, making them Higda, and a racket of multi crores going on in India,
disturbing common man.
Every Signal, Begger knock door of your car , running in between roads, with small kid [ hired of someone] in hand, all arranged.
You try begging on road, HIS BOSS WILL CERTAINLY HAMMER YOU, IT IS HIS AREA OF BEGGING.
All Railway bridges and the location is fixed. No Entry .
Mr Garvit:
If u investigate, and publish "BEGGARS OF INDIA" U CAN SURPRISE THE WHOLE WORLD. ""
At least Professional begging be restricted.
All tourist Places, Trains, All Public places should be free of beggers.
Garvit Chauhan
(Querist) 18 November 2012
PS Dhigra sir,
I am not trying to go around the bushes at all. My point is that if Govt has implemented the provisions then defiantly it can not be in violation of Constitution else it would have been ultra-virus. And the purpose of reviving this after 2 years is that when it could be implemented then then why can not it be implemented now?? Does govt need special occasions to implement law. If you happen to visit Gurgaon the you will realize that all the beggars shunted out of Delhi have settled in Gurgaon and its a head-ache to even buy vegetables from hawkers as suddenly 1-2 beggars would surround you.
Mr. Sudhir Kumar,
I am not asking for resumption of begging but wants the Anti-begging Law to be resumed and implemented in Delhi and NCR specially. and yes beggars have become very rich in Pune there is one lady selling tea at night only and it is rumored that her daughter is post-graduate from Australia
VR Shroff Sir,
I totally agree with you and my aim is to end this thing. I want people to roam around city free from the tension of beggars bcoz then we have to be alert with our belongings also and anyways begging is increasing un-employment and illiteracy.
Sudhir Kumar, Advocate
(Expert) 18 November 2012
No begging does not increase because of unemployment.
People from Asia go to Saudi Arabia for lucrative job there is a lot of employment but there are beggars too.
V R SHROFF
(Expert) 18 November 2012
Beggars give very first and very bad impression on Foreign Tourist.
We get ashamed, when a dirty beggar touch those white Foreign Tourist, and we look at their unpleasant expression.
Those Tourist spent Lakhs to visit India for pleasure. & First impression is so sad, so undesirable.
A Dating Couple get few happy moments on lonely place , and beggars harasses them wasting their 90% of time, the best moments of their life is robbed by Beggars!
A LOT MORE, !!
This is a big nuisance.. All over India.
Totally undesirable.
Guest
(Expert) 18 November 2012
Dear Garvit,
Your supplementary post addressed to me and S/Shri Sudhir Kumar and VR Shroff, reveals as if you have made a turn around from the original stand, where you clearly stated, "I believe its violation of Fundamental Rights." Even if you find the related act, what do you propose to do with that?
The question arises, fundamental rights of whom, that of the beggars, a fundamental reight to beg? Constitution does not provide any such fundamental right to beg.
If the beggars have settled in Gurgaon, the duty to tackle the problem rests with the Government of Haryana State.
Garvit Chauhan
(Querist) 19 November 2012
PS Dhingra Sir,
I understood your concern and I didn't intent to take any U-turn from my earlier post, it was just that after reading your posts I realized how unprofessionally was my question drafted. Thus I just elaborated it later. As VR Shroff Sir has precisely elaborated how great menace these beggars have created in our life, my intention is clearly that when Govt. of Haryana has failed to take action so lets put them to task through court orders.
I am looking for the bare act to determine few basic issues regarding the rules and regulation for my petition.
As far as the question of Fundamental Right goes I believe Article 19(1)(e)&(g) & Article 21 will cover everything.
Sudhir Kumar, Advocate
(Expert) 19 November 2012
You file PIL to enforce whatever rights you feel are violated.
Garvit Chauhan
(Querist) 20 November 2012
Sudhir Kumar Sir,
That's exactly what I am going to do but for that I need Bare Act-if you were able to understand my concern. And for information as per Section 4(5) of The Haryana Prevention of Begging Act, 1971 person found begging is liable to imprisonment for a period not less then 1 year and upto 2 years on first conviction.
PS Dhingra Sir and VR Shroff Sir and Sudhir Kumar Sir please have a look at the following lin to know what our Hon'ble Minister of State said in Parliament about Begging and law related to it.
http://pib.nic.in/newsite/erelease.aspx?relid=67734
Sudhir Kumar, Advocate
(Expert) 20 November 2012
what is going to be the aim of your PIL, it is not clear.
The experts of this forum may not like to be party to inadvertent promotion of begging.
Garvit Chauhan
(Querist) 20 November 2012
Oh My God! Sudhir Kumar I don't know but would like to know from you are you actually a legal expert as claimed on this forum and how much experience do you have if any and in which court???? I told in my earlier post what my aim is for filling PIL but its sad that its yet not clear to you. And I never knew that beggars have access to this site that I might be promoting begging and in any case since you have already stated that's "it is not clear to you" I can understand what you have learnt from this complete thread and please enlighten me how am I letting any expert of this forum to "inadvertent promotion of begging"
Guest
(Expert) 20 November 2012
Dear Garvit,
Thanks for your clarification, but I would not like to buy your idea if you consider begging to fall within the purview of a profession, occupation, trade or business in terms of Article 19(1)(g). I am of the opinion that begging is neither a profession, occupation, trade or business in any civil society. Of course their movement in any part of the country is covered in the provisions of Article 19(1)(e).
Since the problem relates to Haryana State, the State Government is fully competent to enact any law to put restrictions on begging in the interests of the general public, as that can be covered under the provisions of Article 19(6). So, your PIL would need to be filed in HC of Pujab & Haryana.
Incidently, I would also like to point out that your query seems to be misclassified as you have put that under the ciminal law, while the same relates to Constitutional Law.
Garvit Chauhan
(Querist) 20 November 2012
PS Dhingra Sir,
I think I will agree with your view that begging is not covered under Article 19(1)(g). But I have protection of Article 21 and my liberties are harmed when there is hindrance in my life to leisure
I am resident of Gurgaon thus talking about Gurgaon only but beggars are all over India and in every District, Town, City, Taluka. and not only Haryana but there are 22 States that have enacted or adopted Anti begging law. (http://pib.nic.in/newsite/erelease.aspx?relid=67734). If the situation goes upto PIL then I will file simultaneously in Delhi and Haryana and other HC with my Associates. and since it relates to Article 21 I can move Supreme Court directly under Article 32.
As far as the question of Criminal or Constitutional goes I classified it as Criminal because the Act for which I asked prescribes punishment thus fall within criminal law and its my constitutional rights and PIL shall cover both the aspects.
Guest
(Expert) 20 November 2012
Dear Garvit,
Probably, you are reading between the lines. If you try to seek remedies under Article 21 the PIL may not stand, as that would become your personal case. PIL is likely to fail, as you won't be able to prove any deprivation of the lives or personal liberties of common people of India by the beggars. Rather that may go in favour of the beggars, as you would be illegally seeking to deprive the beggars community, as a whole, from their personal liberty. Further, Article 32 needs to be read in combination of Article 35.
Further, if you consider the problem to be of criminal perspective, unless you prove any criminal activity enmasse on the part of the beggars comminity against the people at large and also not able to link appropriately within the scope of Article 21, your PIL would definitely fail.
If you don't mind, my sincere advice to you is, either you read the whole of part of the rights section of the constitution to understand what is what of rights or, if you want wide discussion on your partial reading, post your query in the forum section by treating this query as resolved in this section.
Garvit Chauhan
(Querist) 20 November 2012
PS Dhingra Sir,
I got what I wanted thanx to Google. So Iam putting this post as resolved
