Madhya Pradesh High Court seeks response of State govt in plea challenging anti-begging law

The Indore Bench of the Madhya Pradesh High Court on Monday issued notice to the State government on a public interest litigation petition (PIL) assailing the constitutional validity of the MP Bhiksha Vritti Nivaran Adhiniyam, which criminalises begging [Maatr Foundation v The State of Madhya Pradesh]..A Bench of Justices Vivek Rusia and Amar Nath Kesharwani issued notice to the State and sought a reply from them..The petition has challenged the Act and Rules made under it for being violative of the right to equality, freedom of speech & expression, and the right to live with utmost dignity as laid down in the Constitution..It was the petitioner’s claim that the Act effectively places a “cordon sanitaire” around the poor and “undesirable” and thus, keeps them from accessing spaces reserved for the use of “good citizens”.“It is based on the philosophy of first criminalising poverty, and then making it invisible by physically removing “offenders” from public spaces,” read the petition..The decisions of the Delhi High Court and the Jammu & Kashmir High Court that struck down the Bombay Prevention of Begging Act and J&K Prevention of Begging Act respectively were relied on by the petitioners..The plea contended that the definition of begging under the Act was extremely broad and the provision amounted to criminalisation of ostensible poverty which has a great scope for misuse.“The Act follows a vicious colonial logic stemming from the Victorian era and seeks to remove the presence of beggars from public places lest their presence embarrass the State,” the petition said..The attention of the Court was brought to enormous funds allocated by the State to rehabilitate beggars. The petitioner, however, informed the Bench that when details were sought under the Right To Information (RTI) applications regarding the use of funds, all authorities failed to provide desired information and responded in a mechanical manner..Thus, an order was sought by the Court declaring the entire Act and Rules under it unconstitutional. The petitioners also sought directions to the State to upload information related to beggars, their rehabilitation, funds allocated for the same and other information in public domain. Pertinently, the plea prayed for an order to release all prisoners arrested under the Act and cease all proceedings against persons alleged to have committed the offence of begging..Advocate Amay Bajaj appeared for the petitioners. The State was represented by Government Advocate Aditya Garg..[Read Order]."We won't take elitist view to restrain beggars from begging:" Supreme Court issues notice on plea for rehabilitation of beggars.Delhi High Court seeks response from Central govt, Delhi Commission for Protection of Child Rights on plea to eradicate child begging