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Prevention of Beggary Act implementation: Court asks CS, DGP to file status report

Kashmir Times. Dated: 7/8/2013 1:11:19 AM

JAMMU, Jul 7(JNF): The Division Bench of State High Court issued notice to the state of Jammu and Kashmir through Chief Secretary, Principal Secretary to Government, Home Department, Director General of Police J&K and Secretary to Government, Social Welfare Department with the direction to file status report vis-à-vis the implementation of Prevention of Beggary Act, 1960.
The Division Bench also directed respondents to file the reply within two weeks.
Deputy AG Z S Wattali received notices on behalf of respondents.
The Division Bench gave these directions in a Public Interest Litigation (PIL) filed by a practicing lawyer Parimoksh Seth seeking directions to the respondents to implement the provisions of the Prevention of Beggary Act, 1960 and Prevention of Beggary Rules in the State of J&K and to stop the menace of begging especially organized begging in the state of J&K.
Division Bench of State High Court comprising Justice Mansoor Ahmed Mir and Justice Tashi Rabstan after hearing senior advocate Sunil Sethi with advocate Ankesh Chandel appearing for the petitioner issued notice to State of Jammu and Kashmir, through Chief Secretary, Principal Secretary to Government, Home Department, Director General of Police J&K and Secretary to Government, Social Welfare Department.
In the PIL it was submitted that the State of J&K in the year 1960 enacted a legislation known as J&K Prevention of Beggary Act, 1960 for prevention of begging in the State and also for creating avenues for beggars as good citizens. Prevention of begging as per the provisions of the J&K Prevention of Beggary Act, 1960 encompasses soliciting alms in public places or in or around religious places or in private premises and covers number of institutions.
“The aforesaid legislation makes begging as an offence as per Section 3 of the Act and as per section 4, the police officer is authorized to arrest a person indulging into begging without warrants. Section 5 envisages a provision for summary inquiry in respect of persons found begging and their detention. The said Act also provides for provisions for creation of Beggar’s home, public sick home, children home for such beggars and other social avenues for rehabilitation of beggars in addition to preventing the same by enforcing the provisions of the said Act,” it was submitted in the petition.
It was also submitted in the PIL that after lapse of more than 50 years, J&K state had not been implemented the J&K Prevention of Beggary Act, 1960.