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2001 DIGILAW 514 (DEL)

COURT IN ITS OWN MOTION v. STATE OF DELHI

2001-10-15

DEVENDER GUPTA, SANJAY KISHAN KAUL

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SANJAY KISHAN KAUL ( 1 ) A news item appeared in pioneer dated 21/2/2000 under the heading "puja lands man in beggar s home. This court took suo moto notice or the said article and called for relevant records of the case. ( 2 ) ON scrutiny of records it transpired that the person Shri Kanshinath oh his own admission was sentenced under Section 5 of the Bombay Prevention of Begging Act 1959 (hereinafter referred to as the said Act ) and had not been released because of his failure to furnish a bail bond, direction was also issued on 21/2/2000 to the superintendent, R. C. C. Sewa Kutir to supply a list of such beggars who had been ordered to be released on bail but had not furnished the bail bonds. Further directions were also issued on 23/3/2000 to the Superintendents of the different institutions of beggars to produce the record regarding correspondence and/or notices issued to the relations of the family member and of the detained beggars. Since another public interest petition being C. W. No. 3118/2000 with regard to the beggars home at Lampur was pending, the present petition was also placed alonh with the said petition. ( 3 ) A comprehensive status report on the menace of begging has been filed under the signature of Mr. K. J. R. Burman, Joint Director (Programmes), Government of NCT of delhi. It has been stated in the said report that due to economic reasons there are a large number or beggars in delhi who have come from other States and in order to deal with this problem the Department of Social welfare is implementing the said Act as extended to the National capital Territory of Delhi in 1961. It is further stated that anti begging squad has been established with superintendent, R. C. C. Incharge of the anti begging squad to organise, raids, to apprehend beggars. These beggars are stated to be produced before the competent Court and in case they are committed the beggars are sent to different homes. The Court is functioning at Sewa Kutir complex, delhi. ( 4 ) THE report also states that there are 11 beggar homes being run by the Department of Social Welfare with the total capacity of approximately 2000 persons where efforts are being made to rehabilitate the beggars by inter-alia providing vocational training and counselling. The Court is functioning at Sewa Kutir complex, delhi. ( 4 ) THE report also states that there are 11 beggar homes being run by the Department of Social Welfare with the total capacity of approximately 2000 persons where efforts are being made to rehabilitate the beggars by inter-alia providing vocational training and counselling. The data given to show the number of beggars apprehended clearly points to the fact that the number of beggars so apprehended are much larger than the numbers which can be accommodate in the beggar homes. The problems being faced by the department are stated to arise from the lack of man power and infrastructure, lack of police support, unwillingness of committed beggars to give up begging and no restraint on the donors. Some suggestions have been made to control the menace keeping in mind the limited resources of the department. It has been stated that States from which such beggars come should assist in rehabiliting the beggars and that the Department of Social Welfare should repatriate the beggars to their native States. ( 5 ) THE minutes of the meeting held on,30/04/2001 by the Lt. Governor regarding the reform measures have been placed on record. The perusal of the said minutes does show that comprehensive measures have been suggested to prevent arrest of innocent persons, prevent punishment of innocent persons by such Courts, prevent continued detention of those beggars who can be released on bond or under other provisions of law apart from one time screening of the inmate. ( 6 ) THERE is no doubt that the menace of begging is a social problem and requires a continued action on behalf of the Social welfare Department to rehabilitate the beggars and expand the facilities keeping in mind the large number of beggars detained in Delhi. It the minutes of the meeting held on 30/04/2001 and the suggestions contained in the status report are seriously implemented, the menace would certainly decline. He thus deem it expedient to issue directions to the Social Welfare Department of the National capital territory of Delhi to implement the suggestions incorporated in the Minutes of the meeting held on 30/04/2001 and in the status report filed by Shri K. J. R. Burman. He thus deem it expedient to issue directions to the Social Welfare Department of the National capital territory of Delhi to implement the suggestions incorporated in the Minutes of the meeting held on 30/04/2001 and in the status report filed by Shri K. J. R. Burman. It may be further added that there has to be a proper implementation of the said Act in Delhi by interaction between the Department of Social Welfare and the delhi Police. Direction is therefore further issued to the commissioner of Police, Delhi to provide assistance to the social Welfare Department of NCI of Delhi as and when required to tackle the menace of begging. ( 7 ) THE problem of begging is visible to any person in delhi while travelling on the roads. Beggars at the red light junction points are a reggular feature. There is considerable presence of the police at these crossings and there cannot be such continued activity of beggars except with the Police Authorities stationed at these points giving their implied consent by ignoring the beggars. This calls for immediately remedial action. It is thus necessary that proper directions be issued to the Government of NCT of delhi and the Police authorities for the Police Personnel stationed at these junction points to take appropriate active measures to prevent begging. It may be added here that in view of the large amount of traffic, presence of the beegars at the junctions not only causes hinrance to the free flow of traffic is a constant threat and danger to the life of such beggars themselves. The Commissioner of police is thus directed to issue appropriate order and directions in this regard and make the police personnel conscience of their duty in this behalf by inter-alia holding sessions with the Social Welfare Department to advise such police perspnnel to tackle this issue. The present petition is thus disposed of with the aforesaid directions.