Kerala Leprosy Patients Organisation Committee v. State of Kerala
1991-02-05
K.A.NAYAR
body1991
DigiLaw.ai
Judgment :- This writ petition is filed by way of public interest litigation. The prayer in the petition is for a writ of prohibition restraining the respondents from prohibiting begging in Ernakulam District, for a writ of mandamus directing the respondents to refrain from interfering with the 'fundamental right of begging' and for a writ of mandamus directing the respondents to pay the heavy damages to the leper patients and other beggers for the suppression of personal liberty and illegal confinement of the leper patients. 2. The District Collector, functioning as District Magistrate, issued an order under S.133(1)(i) and (ii) of the Code of Criminal Procedure for removal of public nuisance by beggars, drug addicts and prostitutes. That order was issued on receipt of the report of the Assistant Collector, Muvattupuzha, and of the Revenue Divisional Officer, Fort Kochi, that the beggars, drug addicts and prostitutes are roaming in Ernakulam District and most of them are carrying contagious diseases, causing nuisance and injury to the general public using the public roadways and other public places, and after satisfying that such nuisance and injurious acts still exist. By the said order, the District Magistrate directed the persons engaged in the acts described above, to appear before him at 11 a.m. on 26-9-1990 to show cause why an order under S.133(1)(i) and (ii) should not be enforced. Thereafter, the District Magistrate passed an order on 26-9-1990, under S.138(2) of the Code of Civil Procedure, after being satisfied that the order originally passed on 12-9-1990 under S.133(1)(i) and (ii) was reasonable and proper, making the said order absolute. This order, according to the petitioner, adversely affect the lepers. According to them, there are about three thousand lepers in Ernakulam, and after the issue of the order, lepers and beggars are rounded off by police officers and put into rehabilitation centres which, according to the petitioner, is not hygienic. The averment is that their family who depend upon the beggars also are rendered without support. It is also stated that the order violates their right under Art.19(1)(a) of the Constitution of India and imposes unreasonable restriction. 3. When the Original Petition came up for admission, Government Pleader took notice and wanted time to file a statement.
The averment is that their family who depend upon the beggars also are rendered without support. It is also stated that the order violates their right under Art.19(1)(a) of the Constitution of India and imposes unreasonable restriction. 3. When the Original Petition came up for admission, Government Pleader took notice and wanted time to file a statement. After getting instruction, Government Pleader submitted that there are about 439 beggars and lepers in the existing rehabilitation centres, and food is being supplied to them four times a day. It is submitted that clothes, medical care, education facilities and job oriented training courses are also provided free to the inmates. A rehabilitation centre by name 'Good Hope' has been started by the Corporation of Kochi after 2-10-1990 as an annexe to relief settlement, and it is submitted that the Corporation authorities have assured that they will open new centres, if need be, for rehabilitating the disabled persons. Counsel for the Corporation of Kochi also reaffirmed this statement made by the Government Pleader. Government Pleader Sri. K.K. Ravindranath also made available for my perusal, a communication from the District Collector, Ernakulam, addressed to the Advocate General, in which the items of food that is being served at the rehabilitation centres for breakfast, lunch, evening tea and supper are specifically mentioned in detail. On a perusal of the same, I am satisfied that the inmates in the rehabilitation centres are being treated in a fair manner. The inmates are being given cot, pillow and' mat, and two pairs of new clothes in addition to the old ones that are received in the rehabilitation centres as donations. Good medical care is also being provided to the inmates of rehabilitation centres. Every day, the Assistant Health Officer and Junior Public Nurse are visiting sick inmates and necessary medicines are supplied to them. The Assistant Medical Officer of the Corporation of Kochi is put in charge of this item of work. Lepers and mental patients are provided with separate rooms.. To keep the rooms clean and tidy, sanitary workers are provided separately for female and male inmates. Educational facilities are also provided to the inmates of the rehabilitation centres. 117 inmates (boys and girls) have been enrolled as students in the S.D.P.Y. High School and they are attending classes indifferent standards. Six children each are given training in weaving and tailoring.
Educational facilities are also provided to the inmates of the rehabilitation centres. 117 inmates (boys and girls) have been enrolled as students in the S.D.P.Y. High School and they are attending classes indifferent standards. Six children each are given training in weaving and tailoring. In order to manage the affairs of the centres, adequate staff are also provided. 4. After hearing Counsel for the petitioner, counsel for the Corporation of Kochi and the Government Pleader,1 am satisfied that fair treatment has been given to the inmates of the rehabilitation centres and a better living has been provided to them. 5. The submission of the petitioner is that they have a fundamental right to beg. This must be a mistake. The fundamental right, according to the Constitution of India, is right to life. It may be that some people are living upon their earning by begging. But it cannot be stated that they have a fundamental right to beg. The fundamental right is right to life, and it can be seen from what is stated above, that the right to life has not been denied by the action of the respondents. All. fundamental rights will have its limitations. One's right to wave his hand ends at the beginning of another person's nose. By way of exercising the right to life, the lepers and beggars have no right to create nuisance. When nuisance is created, it is the responsibility of the respondents to arrest such criminal action. That is what is done in this case. The beggars and lepers represented by the petitioner are being looked after fairly in the rehabilitation centres and their right to life or right to personal liberty within the limits of law has not been infringed at all. In view of the above, I do not find any infirmity in the order passed by the District Magistrate under S.138 (2) of the Code of Criminal Procedure. There is no merit in the Original Petition, and the Original Petition is, therefore, dismissed.