Mitali Palnitkar
Published on: March 17, 2022 at 19:12 IST
The Madhya Pradesh High Court issued a Notice to the State Government seeking Response from it over a Public Interest Litigation assailing the Constitutional Validity of the MP Bhiksha Vritti Nivaran Adhiniyam, which Criminalizes Begging.
The Bench comprising Justices Vivek Rusia and Amar Nath Kesharwani was hearing the Petition.
The Petition challenged the Act and Rules framed under it on the Ground that it is Violative of the ‘Right to Equality’, ‘Right to Freedom of Speech and Expression’, and the ‘Right to Live with utmost Dignity’ enshrined in the Constitution.
The Petitioner claimed that the Act places a ‘Cordon Sanitaire’ around the Poor and Undesirable. It keeps them away from using the Spaces reserved for ‘Good Citizens’.
The Petition stated, “It is based on the Philosophy of first Criminalizing Poverty, and then making it invisible by Physically removing Offenders from Public Spaces.”
The Petitioners relied on the decision of Delhi High Court which struck down the Bombay Prevention of Begging Act and the decision of Jammu & Kashmir High Court which struck down the J&K Prevention of Begging Act.
It was contended that the definition of ‘Begging’ mentioned under the Act was extremely broad and has a great Scope of Misuse.
The Petition read, “The Act follows a Vicious Colonial Logic stemming from the Victorian Era and seeks to remove the Presence of Beggars from Public Places lest their presence embarrass the State.”
The Court was informed about the Huge Funds Allocated by the State for Rehabilitation of Beggars. However, when the Details with respect to it were sought under the Right to Information Application, the Authorities failed to give desired information and responded in a Mechanical Manner.
Thus, the Petitioners sought an Order from the Court declaring the Act as Unconstitutional. They also sought Directions to States to Upload Information about the Beggars, their Rehabilitation, the Funds Allocated, etc in Public Domain.
The Plea prayed to release all the Prisoners Arrested under the Act and to cease the Proceedings against those who were Alleged of Committing the Offence of Begging.
