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| DB direct State to construct shelters for beggars, destitute within six months | | PIL seeking implementation of Prevention of Beggary Act, 1960 | |
Early Times Report
Jammu, Apr 21: In a Public Interest Litigation filed by Advocate Parimoksh Seth seeking directions to the respondents to implement the provisions of the Prevention of Beggary Act, 1960 and Prevention of Beggary Rules in the State of J&K and to stop the menace of begging especially organized begging in the State of J&K, Division Bench of State High Court comprising Chief Justice N Paul Vasantha Kumar and Justice Dhiraj Singh Thakur today directed State to construct adequate number of beggar's homes/children home/sick homes within a period of six months from the date of receipt of copy of this order. It is also made clear that if the process initiated is not implemented within a period of six months, as directed above, it is well open to the petitioner to approach this Court for appropriate directions and in that event this Court will be constrained to take serious view against the officers responsible for the delay.
Division Bench observed that in the status report filed by the Commissioner/Secretary to Government, Social Welfare Department, it has been stated that draft notification for extending the Act to whole of the State of Jammu and Kashmir has been prepared and sent to the Department of Law, Justice and Parliamentary Affairs for vetting.
Division Bench further directed that it is made clear that financial constraint cannot be stated as reason to delay the project/decisions already taken.
For effecting implementation of the Act and the Rules, construction of Beggar's home, children home and sick home are mandatory.
A person found begging can be detained in sick home/children home/beggar's home, as the case may be, for a period of not less than one year and not more than three years in the case of first offence as per Section 5(5) of the Act. If a person is convicted for the second time, he can be detained for not less than seven years as per Section 6 (2). For detaining the persons found begging on conviction the government must provide home failing which the Act and Rules will remain in paper without any scope to implement it. (JNF) |
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