The obligation of the Government to ensure the implementation of the constitutional provisions, the Act, and the Rules.

ORDER :

Y.K. Sabharwal, J.

Article 23 of the Constitution prohibits traffic in human beings, begar and other similar forms of forced labour. It envisages legislation for the enforcement of the prohibition contained therein.

2. The Bombay Prevention of Begging Act, 1959 (Bombay Act 10 of 1960) was enacted to consolidate and amend the law relating to beggars for the purpose of making uniform and better provision for the prevention of begging in the State of Bombay and for matters connected therewith. It, inter alia, makes provisions for the detention, training, employment of beggars and their dependants in certain institutions; for the custody, trial and punishment of beggars; offenders and for other matters connected therewith. Chapter II of the said Act lays down procedure for dealing with beggars and beggar offenders. Chapter III contains provisions in relation to receiving centres and certified institutions. "Certified institutions", in terms of the definition clause, means any institution which the State Government provides and maintains for the detention, training and employment of beggars and their dependants, and includes an institution certified to be such under sub-section (1) of Section 13. Sub-section (1) of Section 13 enables the State Government to provide and maintain one or more certified institutions at such place or places as it thinks fit, and to certify any institution to be a certified institution for the purpose of the Act. Any such certified institution may include provision for the teaching of agricultural, industrial and other pursuits and for the general education and medical care of the inmates. Sections 5 to 10 of Chapter II relate to the matters of dealing with the persons who may be convicted for begging and lay down different periods for their detention in certified institutions. Section 11 provides for stringent penalty for those who may be employing or causing persons to beg or using them for purposes of begging. It provides that whoever employs or causes any person to solicit or receive alms, or whoever having the custody, charge or care of a child, connives at or encourages the employment or the causing of a child to solicit, or receive alms or whoever uses another person as an exhibit for the purpose of begging, shall on conviction be punished with imprisonment for a term which may extend up to three years but which shall not be less than a year. Thus, this provision provides for minimum one year's imprisonment for the person convicted for offence under Section 11.

3. The aforesaid Bombay Act was extended to Delhi nearly 45 years ago. The Delhi Prevention of Begging Rules, 1960 were also framed in February 1961 and came into force on 1-3-1961. Those Rules made provisions for medical examination of persons remanded or detained in receiving centres or certified institutions, discipline to be maintained in the certified institutions, the constitution of Visiting Committee and Advisory Committee and their duties.

4. Section 15(3)(d) of the Bombay Act postulates that the Advisory Committee may advise the State Government generally on the working of the Act in the manner stipulated therein.

5. In the order dated 25-1-2005, this Court noticed the dismal implementation of the Act. It was further disturbing since the petition seeking implementation of the Act was filed about five years back and apparently nothing had been done to implement the Act and the Rules. Noticing that hardly any concrete steps had been taken in that direction, the Social Welfare Department and the Police Department were directed to file detailed affidavits so as to place on record the concrete steps taken to implement the Act and the Rules with a view to check the menace of begging.

6. It is a matter of anguish that though affidavits have been filed, one of Mr Sanjay Gihar, Joint Director (Administration), Department of Social Welfare, Government of NCT of Delhi, and the other of Mr Alok Kumar, Deputy Commissioner of Police, Police He