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 provisions of Section 6 provide the quantum of detention or imprisonment, based on the repetition of convictions.

4. Significantly, Section 11 of the act provides a penalty for employing or causing persons to beg or using them for the purpose of begging.

5. The relevant statutory provisions deserve to be extracted in extenso and read as follows:

“2. Definitions.— (1) In this Act, unless the context otherwise requires—

(i) “begging” means—

(a) soliciting or receiving alms in a public place, whether or not under any presence such as singing, dancing, fortune-telling, performing or offering any article for sale;

(b) entering on any private premises for the purpose of soliciting or receiving alms;

(c) exposing of exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease whether of a human being or animal;

(d) having no visible means of subsistence and, wandering about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms;

(e) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;

but does not include soliciting or receiving money or food or gifts for a purpose authorised by any law, or authorised in the manner prescribed in Greater Bombay by the Commissioner of Police, and elsewhere by the District Magistrate, or in any part of the State by the State Government.

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4. Power to require person found begging to appear before Court.— (1) Any police officer, or other person authorised in this behalf in accordance with rules made by the State Government, may arrest without a warrant any person who is found begging:

Provided that, no person entering on any private premises for the purpose of soliciting or receiving alms shall be so arrested or shall be liable to any proceedings under this Act, except upon a complaint by the occupier of the premises.

(2) Such police officer or other person shall take or send the person so arrested to a Court.

(3) The provisions of Section 61 of the Code of Criminal Procedure, 1898 (V of 1898), shall apply to every arrest under this section, and the officer in charge of the police station or section shall cause the arrested person to be kept in the prescribed manner until he can be brought before a Court.

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5. Summary inquiry in respect of persons found begging and their detention.— (1) Where a person who is brought before the court under the last preceding section is not proved to have previously been detained in a Certified Institution under the provisions of this Act, the Court shall make a summary inquiry, in the prescribed manner, as regards the allegation that he was found begging.

(2) If the inquiry referred to in sub-section (1) cannot be completed forthw