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Last year, the High Court had decriminalised beggary, and the leprosy patients were rendered homeless. The High Court held that the Bombay Prevention of Begging Act was unconstitutional and clarified that the prosecution initiated against the persons under the act had to be struck down.
Around eleven certified institutions have been set up under Delhi Prevention of Begging Rules, 2016. This includes a reception cum classification centre under the Bombay Prevention of Begging Act, which could hold about 2180 patients. Subsequent to the decriminalisation, the Delhi government set free the inmates from the Home for Leprosy and T.B. affected Patients in Delhi.
One of the patients, Rajeev Kumar, approached the Hon’ble Court stating that about 450 patients relieved from the HLTB are either on the streets or expected to be on the streets. In fact, the issue began with the decriminalisation of beggary. As a consequence of decriminalisation, the leprosy patients had to leave the premises of the HLTB which had been providing them with food and shelter, and the HLTB was the only form of rehabilitation.
The petitioner said that the HLTB had been providing treatment to the patients, and the same proved to be beneficial to the petitioner’s health itself. However, he experienced a setback in his health after he was set free. Advocate Manisha Bhandari, appearing for the petitioner, brought to the notice of the court the direction issued by the Apex Court of India, which had the State Government obliged to rehabilitate leprosy patients. Further, the petitioner sought interim direction for the conversion of the earlier HLTB into a rehabilitation centre.
On the contrary, Gautam Narayan informed the court about the non-existence of any scheme for rehabilitating the leprosy patients. The Court was pleased to grant the interim order sought by the petitioner. The court said that the leprosy patients rendered homeless could not be in such a position. Therefore, the State Government must use the earlier shelter homes of accommodating the patients and have them isolated from the other prisoners, if necessary.
The matter is listed for the next hearing on July 23, 2019. The court directed the state authorities to file counter-affidavits within six weeks, and rejoinders, if any, within two weeks.
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