GITA MITTAL, J.

“…A society that sees legislating inequality and homelessness into invisibility has unquestionably lost its way…”

- An article in The Guardian

1. These writ petitions challenge the constitutionality and validity of all sections, except Section 11, of the Bombay Prevention of Begging Act, 1959 (hereafter referred to as the ‘Act’), as extended to the Union Territory of Delhi (now the NCT of Delhi) vide G.S.R. No. 638 dated 2nd June, 1960, published in the Gazette of India, pt. II, Section 3(i), dated 11th June, 1960 on the ground that it violates the Fundamental Rights guaranteed under Articles 14, 19, 20, 21 and 22 of the Constitution of India.

2. For the purposes of effective adjudication of the issue, we may advert to the scheme of the enactment.

3. Section 2(1) (i) thereof defines “Begging”. Section 4(1) allows the police to arrest the beggar without a warrant. Section 5 of the Act enables a summary enquiry by the court following which the person may be detained in a certified institution. Section 6 contemplates punishment for a person who had been previously detained in a Certified Institution under the act, upon his being found begging. The remaining provis