Court sets aside order asking juvenile to live with beggars

A Delhi court has come to the rescue of a 12-year-old boy who was sentenced by a lower court to live for a year in a beggars' home here, saying it was against the welfare legislation enacted for the children in need of care and protection.

Additional Sessions Judge (ASJ) JR Aryan set aside an order of a magistrate who had sentenced the minor to live for a year with adult beggars at a protection home here for allegedly begging at Connaught Place in 2009.

"Even if the child was found to be begging, he is a child covered under the definition of child under the Juvenile Justice Act, who is in need of care and protection, and he is required to be protected by a child welfare committee," ASJ Aryan said.

The minor was arrested and booked under the Bombay Prevention of Begging Act by the police on August 4, 2009, for allegedly begging at Connaught Place.

Krishan Kumar, Superintendent of the beggars' home, filed an appeal against the order saying "the juvenile was in dire need of care and protection and his living with adult beggars would spoil his career."

The procedure and proceedings conducted by the metropolitan magistrate was not in consonance with law and an inquiry was not conducted into the matter which was required under the Bombay Prevention of Begging Act, the ASJ said.

According to law, only those beggars, who had previously been convicted for begging, can be sent to such protection homes, he said, adding this aspect was not probed by the lower court.

Moreover, minors cannot be treated at par with adult offenders as it was barred by the Juvenile Justice (Care and Protection) Act. The court has asked the magistrate to look into the matter afresh.