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Centre changes stand, tells Delhi HC won't decriminalise beggary

The Bombay Act is implemented by over 20 states and two Union Territories. And it is now the responsibility of other states to implement it as well: Monika Arora

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In a complete U-turn from its earlier stance, the Centre on Thursday told the Delhi High Court that the clause to decriminalise the beggary bill — The Persons in Destitution (Protection, Care and Rehabilitation) Model Bill 2015. While releasing the bill last year, Union Minister of Social Justice and Empowerment Thawar Chand Gehlot had said that the bill will decriminalise beggary.

Two PILs were filed in the Supreme Court in 2009, by petitioners Harsh Mandar and Karnika Sawhney, which was later shifted to the Delhi High Court in 2015. In its reply, the Centre had asked for a year to amend the Bombay Prevention of Begging Act, which criminalises begging.

After a year, the Centre sought further extension for the amendment. In response to the plea, the Court said that it was 'unfortunate' and 'hopeless' on part of the Centre to have asked for an extension.

Appearing on behalf of the government, counsels Monika Arora and Harsh Ahuja told the HC that the Centre has now decided to drop the proposal of decriminalising beggary. Currently, as per the Bombay Prevention of Begging Act, 1959, begging is criminalised and can land a person in jail for three years when convicted the first time, and can lead up to 10 years in subsequent convictions.

Speaking to DNA, Arora said the decision to drop the proposal to decriminalise was taken on Wednesday. She added that since beggary is a state subject, it is the responsibility of states to take up the matter. "The Bombay Act is implemented by over 20 states and two Union Territories. And it is now the responsibility of other states to implement it as well," Arora said.

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