Harsh Mander & Anr. vs Uoi & Ors. on 8 August, 2018

– An article in The Guardian

1. These writ petitions challenge the constitutionality and validity
of all sections, except Section 11, of the Bombay Prevention of
Begging Act, 1959 (hereafter referred to as the ‘Act’), as extended to
the Union Territory of Delhi (now the NCT of Delhi) vide G.S.R. No.
638 dated 2nd June, 1960, published in the Gazette of India, pt. II,
Section 3(i), dated 11th June, 1960 on the ground that it violates the
Fundamental Rights guaranteed under Articles 14, 19, 20, 21 and 22
of the Constitution of India.
2. For the purposes of effective adjudication of the issue, we may
advert to the scheme of the enactment.
3. Section 2(1) (i) thereof defines “Begging”. Section 4(1) allows
the police to arrest the beggar without a warrant. Section 5 of the Act
enables a summary enquiry by the court following which the person
may be detained in a certified institution. Section 6 contemplates
punishment for a person who had been previously detained in a

W.P.(C)Nos.10498/2009 & 1630/2015 Page 2 of 23
Certified Institution under the act, upon his being found begging. The
remaining provisions of Section 6 provide the quantum of detention or
imprisonment, based on the repetition of convictions.

Source: Indian Kanoon

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