The High Court of Karnataka on Tuesday ordered issue of notice to the State government on a PIL plea questioning the constitutional validity of the provisions of the Karnataka Prohibition of Beggary Act, 1976, which criminalises begging.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the order on the petition filed by the Peoples Union of Civil Liberties, Karnataka.
The petitioner questioned the validity of Sections 2(1), 2(2), 3, 10, 11, 12, 15, 16, 18, 19, 21, 22, 23, and 40(f) and (g) of the Act while claiming that these provisions, which deal with prohibition, arrest, detention, and punishment, among other things, were contrary to the rights of equality before law, freedom of speech and expression, protection of life, and personal liberty guaranteed under the Constitution.
The exemptions given for certain acts from the definition of beggary is arbitrary, the petitioner claimed. It also pointed out that while receiving alms in a public place — whether or not under any pretence such as singing, dancing, fortune-telling, performing tricks, and selling articles — is an offence, exemption is given to performance of any religious vow or obligation as sanctioned by custom or religion.
“The poor cannot be penalised for the failure of the government to provide them with the bare necessities of life. For those people who are unable to work for a range of reasons, including age, sickness and disability, and [for those] with no other adequate means of earning, the only option available is to beg,” the petitioner claimed. The outfit also contended that any interference in one’s right to livelihood amounts to a violation of fundamental rights.
Lack of distinction
‘The Act, the petitioner contended, does not distinguish lawful and unlawful begging. It also fails to distinguish between the crimes of organised begging, where vulnerable people are threatened and coerced into begging, and the destitute begging for survival.
The petitioner sought directions from the court to conduct an audit of collection of Beggary Cess under the Act and to direct the government to provide pension, open shelter, community kitchens, health services and livelihood support to the destitute in the State. The petitioner also sought a direction to the government to convert receiving centres and relief centres set up under the Act into voluntary and people-friendly centres for the destitute.
It was pointed out in the petition that the Delhi and Jammu and Kashmir High Courts had already declared as unconstitutional similar provisions.
