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Indian Judiciary should be applauded for the development in the society. It protected the rights of the poor and marginalized sections of the society.
The Delhi High Court in its recent judgment, Harsh Mander v Union of India and KarnikaSawhney v Union of India has removed around 25 Sections under the Bombay Prevention of Begging Act, 1959 which criminalized begging. It further held that begging is not any form of disease and it is due to this mindset that the criminalization exists in the society. It further pointed out that it is the fault of the states since they cannot protect their own citizens and provide them with social security.
The Court has accepted for the first time that Poverty is a considered as a crime and thus, leaving begging as a leftover of colonial regime. The Bench has further pointed out the shortcomings in the legislation (Bombay Prevention of Begging Act, 1959) that it fails to provide for proper rehabilitation and thus it takes a very obsolete approach. Under this act, the law criminalizes the poor instead of providing them with social security. Statistics of Census 2011 have also been observed. According to the Act, by being poor, they are criminals.
Further, the bench also took note of the fact that it is important that to constitute crime, there must be guilty mind, and therefore, the act ‘to beg’ cannot be termed as crime and therefore the person cannot be punished for begging. The recent example where beggars were put into jail, near the Commonwealth games, under anti-begging laws was also bought into light.
It added that to punish the beggars for their lifestyle is a clear violation of right to equality under Article 14, Right to profession, Article 21(Right to life) of the Constitution. The bench has supported the view that rehabilitation is much needed instead of detention. Therefore, the provisions of the act should be considered inconsistent since India is a party to various human rights conventions and treaties.
This judgment in the Supreme Court decriminalized begging and thus acts as an eye opener for the states who have wronged the rights of the poor citizens. It failed to provide them with a dignified life and also arrested people indefinitely.
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