Gujarat High Court
Joesph vs Union on 28 November, 2011
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCA/4419/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4419 of 2010
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JOESPH
CHELLIAH A - Petitioner(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 2 - Respondent(s)
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Appearance
:
NOTICE
UNSERVED for Petitioner(s) : 1,MS MANISHA LAVKUMAR for Petitioner(s)
: 1,PARTY-IN-PERSON for Petitioner(s) : 1,
MR PS CHAMPANERI for
Respondent(s) : 1,
MR HRIDAY BUCH for Respondent(s) : 1,
DELETED
for Respondent(s) : 2,
MR. PK JANI GP for Respondent(s) : 3
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 23/09/2010
ORAL
ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) From the affidavit filed by the 3rd respondent, the following facts emerge:
(i) the respondents have decided to start helpline regarding:
(a) beggars and
(b) mentally retarded persons
(ii) it is decided to take steps to make awareness regarding Bombay Prevention of Beggars Act by publishing advertisements in newspapers and place on Department's Website, and
(iii) to observe Anti Beggary Week (Biksha Nabudi Saptah) and creating awareness against beggary by placing information on AMTS Buses and public places and to distribute pamphlets at public places.
(iv) necessary instructions have been issued to all Beggars' Homes, etc.
2. We have discussed the matter, and it has been brought to our notice that once beggars are taken to Beggars' Homes, within a day or two they are again on the streets. Admittedly, beggars cannot be confined to Beggars' Homes or any other place. Majority of them beg for their livelihood. Therefore, some steps are required to be taken to ensure that beggars are rehabilitated so that they may not go for begging in future, otherwise, it will be a futile effort, as once they are allowed to go out they again start begging.
3. It has been brought to our notice that there are norms for employment in the rural area under the provisions of National Rural Employment Guarantee Act (NREGA) and the child labourers/beggars in the age group of 4 to 14 are also entitled for education under the Right to Education Act, and other benefits under the Integrated Child Protection Scheme.
4. A suggestion has been given that as beggars are regularly found begging in the town, for their rehabilitation, they should be taken to villages. If Beggars' Homes are constructed in different villages, they may not go for begging and they may get admitted in different schemes for rehabilitation, such as, NREGA, etc. As it is a matter of policy, and as it is for the State to decide the place where they intend to have Beggars' Homes, we leave it open to the State to decide the same. The authorities/officers who held the meeting earlier are directed to hold such meeting and submit its suggestions to the concerned Department of Gujarat State with a copy before this Court. It is desirable that such meeting is held within three weeks. Let a copy of this order be handed over to Mr. P.K. Jani, learned Government Pleader, for information to the Members of the Committee and the State. Post the matter on 20.10.2010.
(S.J. MUKHOPADHAYA, C.J.) (ANANT S. DAVE, J.) [sn devu] pps Top