The central government was today taken to task by the Delhi High Court for not amending the law to decriminalise begging and rehabilitate the beggars even after an undertaking was given by it a year ago.
The high court said it was "most unfortunate" and a "very poor" and "hopeless" situation that an amendment of a statute like the Bombay Prevention of Begging Act, 1959, which had barely 36 sections, needed over a year for consideration by the government.
The court was annoyed after Centre's counsel said it has been instructed to seek two months more for furnishing the details, which was turned down by the bench considering the challenges made in the petition.
"This is the right of the poor people. This PIL is pending since 2009 and it's such a small matter. It takes almost eight years to draft a bill," the bench said, adding that instead of producing a draft bill, the government was seeking more time.
The court noted that the Centre had last year informed it that the government proposed to bring a legislation and the counsel had undertaken to file the draft bill before it.
"In case they violate the undertaking, we shall be constrained to proceed with the matter. Let a copy of this order be placed before the Secretary of Ministry of Social Justice and Empowerment," the court said.
It also said that an officer not below the rank of director in the ministry, who is aware of the matter, be present before the court on September 14.
Senior advocate Colin Gonsalves, appearing for one of the petitioners, opposed the Centre's plea seeking time and said that thousands of poor persons were detained due to operation of the Bombay Prevention of Begging Act, which provides drastic sentences.
"Thus, the constitutional rights of poors are being affected and their liberty is taken away only because of poverty. Nobody becomes a beggar by choice. It is out of sheer necessity and due to the need for food, shelter and clothing, they do begging," Gonsalves submitted.
He said it was because of the failure of the government to discharge its constitutional duties and public obligations that citizens are compelled to beg.
The law prescribes a penalty of more than three years of jail in case of first conviction for begging and the person can be ordered to be detained for 10 years in subsequent conviction, he said.
The Centre and the AAP government had in October last year informed the court that the Ministry of Social Justice had drafted a bill to decriminalise begging and rehabilitate beggars and homeless people.
The court had directed the ministry to place on record a copy of the draft legislation - The Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016.
The court was hearing two PILs seeking basic human and fundamental rights for beggars in the national capital and for decriminalising begging.
Petitioners Harsh Mandar and Karnika Sawhney have also sought basic amenities like proper food and medical facilities at all beggars' homes in the city.
Currently, there is no central law on begging and destitution and most states have adopted the Bombay Prevention of Begging Act, 1959, which criminalises beggary, or have modelled their laws on that basis. The two petitions have challenged the Bombay Prevention of Begging Act.
Their pleas were first filed in the Supreme Court from where they were transferred to the Delhi High Court.
The high court in October 2015 was told that Delhi Police was assisting the AAP government in removing beggars from tourist spots, traffic intersections and religious places here.
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