Excelsior Correspondent
Srinagar, Oct 25: High Court today struck down the Jammu and Kashmir Prevention of Beggary Act, 1960 and the Jammu and Kashmir Prevention of Beggary Rules, 1964.
Division Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal in a 196 page judgment after referring numerous judgments said the Act and its Rules are unconstitutional and struck down them.
“In the result, we declare that the provisions of the Jammu & Kashmir Prevention of Beggary Act, 1960 and the Jammu & Kashmir Prevention of Beggary Rules, 1964, are unconstitutional and hereby strike them down”, the DB concluded.
With the result of striking down the Act and its rules, Court said all prosecutions under the enactment against the persons alleged to have committed offences of begging would not survive.
Court said, the power to do so would appropriately vest in the court seized of such prosecution and the fate of the prosecutions, if any, has to abide by the present judgment and our observations and findings herein contained.
It was by way of the instant petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, a challenge was laid to the Constitutionality of the Jammu & Kashmir Prevention of Beggary Act, 1960 and the Jammu & Kashmir Prevention of Beggary Rules, 1964 made in exercise of powers under Section 9 of the Act.
Prayer was made before the Court to declare the J&K Prevention of Begging Act, 1960, unconstitutional and violative of Articles 14, 15, 20 and 21 of the Constitution.
A further challenge was laid on the to an order dated 23rd May, 2016 issued by the District Magistrate, Srinagar, whereby the District Magistrate banned begging in Srinagar for the reason that Srinagar was the summer capital of the State and a tourist destination and directions were issued to the police officials to arrest beggars in the Srinagar city.
Court has held that poverty is human rights issue. “The poor are entitled to a meaningful right of life which includes health, freedom, food, clothing, shelter, educational facilities, just and humane conditions of work and maternity benefits, privacy, dignity and liberty. It is primarily on account of deprivation of the essentialities of life that poor people are compelled to resort to begging to make out their sustenance”.
“Criminalization of begging is the outcome of extremely prejudiced social constructs of presumption of criminality against the poor and baseless stereotypes, in ignorance of the extreme exclusion and disadvantages faced by the poor who are struggling to survive. The criminalization of begging which makes poverty an offence, is intended to remove poor people from public spaces, deprive them of the Constitutional guarantees of inclusiveness and pluralism and results in further deprivation to them”, the DB held.
Court has held that the prohibition of communicative activity by beggars in public spaces is violative of their rights guaranteed under Article 19(1)(d) of the Constitution and not sustainable for this reason as well.
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