HC Seeks Response from Punjab, Haryana on Plea Against Beggary Laws

HC Seeks Response from Punjab, Haryana on Plea Against Beggary Laws

The Punjab and Haryana High Court has requested responses from the governments of Punjab and Haryana regarding a petition challenging the constitutionality of the Haryana Prevention of Beggary Act and the Punjab Prevention of Beggary Act.

Chief Justice Sheel Nagu and Justice Sudhir Singh were hearing a Public Interest Litigation (PIL) filed by Kush Karla. The petition argued that under the definition of begging in the Act, activities such as singing, dancing, fortune telling, performing tricks, and selling articles could be considered offenses.

The plea added that, "it is a clear violation of Article 19 1(a) & 19 1(g) of the Constitution, as the only difference in these vocations and other vocations is that there is no price tag, it has been left to the audience to pay as per their wish."

It stated further that, "with the object of obtaining alms exposing or exhibiting- any sore, wound, injury, deformity or disease can be an offence. Without realising that if there is a wound or injury or deformity it is exposed by default no overt act is required for the same, the laws are excessively arbitrary (violation of article 14) even if a person is not exposing any deformity still he can be treated as if he is exposing deformity."

The petition further argued that the criminalization of begging does not constitute a reasonable restriction under Article 19(2). It contended that anti-begging laws are contrary to the concept of freedom of speech and expression, as guaranteed under Article 19(1)(a).

The petitioner relied on the Delhi High Court's judgment, which decriminalized begging in the national capital and struck down several provisions of the Bombay Prevention of Begging Act as unconstitutional.

The Delhi High Court had stated that criminalizing begging is the "wrong approach to deal with the underlying causes of the problem," emphasizing that it overlooks the fact that those who beg are often the poorest and most marginalized members of society. The Court further asserted, "Criminalizing begging violates the most fundamental rights of some of the most vulnerable people in our society."

The petitioner also referred to the Jammu and Kashmir High Court's decision, in which the court declared the criminalization of begging unconstitutional. It struck down the provisions of the Jammu & Kashmir Prevention of Beggary Act, 1960, and the Jammu & Kashmir Prevention of Beggary Rules, 1964.

Matter is listed for March 22, for further consideration.

Ms. Jyotika Kalra, Advocate (through video-conferencing) and Mr. Sparsh Chhibber, Advocate for the petitioner.

Mr. Deepak Balyan, Additional AG Punjab. Mr. Salil Sabhlok, Senior DAG Punjab.

Title: KUSH KALRA v. STATE OF HARYANA AND ANOTHER

 
 
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