Constitutionality Of Anti-Begging Laws In Punjab & Haryana Challenged, High Court Seeks Response From States

The Punjab and Haryana High Court has sought response from Governments of Punjab and Haryana on plea a challenging the constitutionality of Haryana Prevention of Beggary Act and the Punjab Prevention of Beggary Act.Chief Justice Sheel Nagu and Justice Sudhir Singh was hearing the PIL filed by Kush Karla, who stated that as per the definition of begging in the Act "begging, vocations like singing-dancing- fortune telling- performing tricks- selling articles- can be an offence."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 criminalisation of begging is not a reasonable restriction under Article 19(2). Anti-begging enactments are antithetical to the idea of freedom of speech and expression guaranteed under Article 19(1)(a), the plea added.Reliance was placed on Delhi High Court's judgment wherein it decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging Act as unconstitutional.The Delhi High Court had opined that criminalizing begging is the “wrong approach to deal with the underlying causes of the problem”, asserting, “It ignores the reality that people who beg are the poorest of the poor and marginalized in society. Criminalizing begging violates the most fundamental rights of some of the most vulnerable people in our society."The petitioner also relied on Jammu and Kashmir High Court 's decision in which it declared criminalization of beggary to be unconstitutional and 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

Constitutionality Of Anti-Begging Laws In Punjab & Haryana Challenged, High Court Seeks Response From States

Aiman J. Chishti

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