Haryana
Punjab & Haryana HC Issues Notice on Anti-Begging Laws
- 23 Jan 2025
- 3 min read
Why in News?
The Punjab and Haryana High Court has issued notices to the governments of Haryana and Punjab regarding a Public Interest Litigation (PIL) petition that challenges the constitutionality of certain provisions in 50-year-old state laws that criminalise begging.
Key Points
- About the Petition:
- The petition contends that anti-begging laws in Punjab and Haryana are discriminatory and infringe upon the rights to equality, life, and personal liberty guaranteed by the Constitution of India.
- The PIL argues that the State has a social contract to ensure its citizens are able to live a dignified life and that the State “cannot be allowed” to treat begging as an offence.
- The petition further takes issue with the way the act of begging has been defined in these laws, arguing that they violated Articles 14, 19, and 21 of the Constitution of India.
- Definition of Begging:
- The definition classifies any act of soliciting or receiving alms in public places as begging, including by singing, dancing, fortune-telling, performing tricks, or selling articles.
- The only difference between these vocations and others is that these vocations have “no price tag” as that’s been left to the audience to pay.
- The law also defines begging as asking for alms on private property, especially if it involves showing wounds, deformities, or injuries.
- The definition of begging in the Haryana Prevention of Beggary Act, 1971, which has been challenged, is based on the Bombay Prevention of Begging Act, 1959.
- It is a definition that is used by the Union government, to identify people engaged in begging, for welfare and rehabilitation schemes.
- Legal Implications:
- The outcome of this case could have significant implications for the treatment of marginalized communities and the legal framework surrounding poverty and homelessness in India.
