Key highlights from 2018-2019
The year that went by has been a mixed bag. Cases handled by SLIC saw considerable success, whereas there were some disappointments too. The year that went by saw considerable progress with landmark judgments upholding and furthering constitutional rights. On the other hand, the year also saw caste, religion and gender-based violence against minorities including draconian bills being formulated and passed in the lower house of the Parliament.
In the run-up to the elections, there was a deterioration in the social fabric of the country where narratives of exclusion and hatred towards minorities was propagated which resulted in blatant human right violations.
SLIC looks at cases that are worth mentioning.
Decriminalisation of Begging | Delhi
The Delhi High Court on August 8, 2018, quashed several provisions of the Bombay Prevention of Begging Act (1959) thereby decriminalising begging in the state. In 1960, begging was made a punishable offence after the Bombay Prevention of Begging Act, 1959 was extended to the national by a Central government amendment.
In its verdict, the court observed, “The question is simple. In our constitutional framework that promises every person the right to live with dignity, can the State criminalize begging? The social contract between the citizen and the State is a contract by which, in exchange for the citizen ceding her autonomy partially, the State promises her security over her person and a life with dignity”.
The verdict came on the heels of a plea filed by activist Harsh Mander in 2009. In his plea, Mander challenged the provisions of the act sought to decriminalize begging by the Government of Delhi. One of the primary contentions of the petition was that the anti-begging law discriminated against the poor in India and thus, violated the Constitution of India. One of the key grounds of the Petition was that the ‘artificial means to make beggars invisible’ would not suffice begging had to be eradicated.
The matter was argued by senior advocate Colin Gonsalves along with advocates Chaudhary Zia Ali Kabir, Aditi Saxena and Pragya P. Singh.
Read the petition and the verdict here.