The fundamental right is the right to life, not the right to beg.

This writ petition is filed by way of public interest litigation. The prayer in the petition is for a writ of prohibition restraining the respondents from prohibiting begging in Ernakulam District, for a writ of mandamus directing the respondents to refrain from interfering with the 'fundamental right of begging' and for a writ of mandamus directing the respondents to pay the heavy damages to the leper patients and other beggers for the suppression of personal liberty and illegal confinement of the leper patients.

2. The District Collector, functioning as District Magistrate, issued an order

under S.133(1)(i) and (ii) of the Code of Criminal Procedure for removal of public nuisance by beggars, drug addicts and prostitutes. That order was issued on receipt of the report of the Assistant Collector, Muvattupuzha, and of the Revenue Divisional Officer, Fort Kochi, that the beggars, drug addicts and prostitutes are roaming in Ernakulam District and most of them are carrying contagious diseases, causing nuisance and injury to the general public using the public roadways and other public places, and after satisfying that such nuisance and injurious acts still exist. By the said order, the District Magistrate directed the persons engaged in the acts described above, to appear before him at 11 a.m. on 26-9-1990 to show cause why an order under S.133(1)(i) and (ii) should not be enforced. Thereafter, the District Magistrate passed an order on 26-9-1990, under S.138(2) of the Code of Civil Procedure, after being satisfied that the order originally passed on 12-9-1990 under S.133(1)(i) and (ii) was reasonable and proper, making the said order absolute. This order, according to the petitioner, adversely affect the lepers. According to them, there are about three thousand lepers in Ernakulam, and after the issue of the order, lepers and beggars are rounded off by police officers and put into rehabilitation centres which, according to the petitioner, is not hygienic. The averment is that their family who depend upon the beggars also are rendered without support. It is also stated that the order violates their right under Art.19(1)(a) of the Constitution of India and imposes unreasonable restriction.

3. When the Original Petition came up for admission, Government Pleader took notice and wanted time to file a statement. After getting instruction, Government Pleader submitted that there are about 439 beggars and lepers in the existing rehabilitation centres, and food is being supplied to them four times a day. It is submitted that clothes, medical care, education facilities and job oriented training courses are also provided free to the inmates. A rehabilitation centre by name 'Good Hope' has been started by the Corporation of Kochi after 2-10-1990 as an annexe to relief settlement, and it is submitted that the Corporation authorities have assured that they will open new centres, if need be, for rehabilitating the disabled persons. Counsel for the Corporation of Kochi also reaffirmed this statement made by the Government Pleader. Government Pleader Sri. K.K. Ravindranath also made available for my perusal, a communication from the District Collector, Ernakulam, addressed to the Advocate General, in which the items of food that is being served at the rehabilitation centres for breakfast, lunch, evening tea and supper are specifically mentioned in detail. On a perusal of the same, I am satisfied that the inmates in the rehabilitation centres are being treated in a fair manner. The inmates are being given cot, pillow and' mat, and two pairs of new clothes in addition to the old ones that are received in the rehabilitation centres as donations. Good medical care is also being provided to the inmates of rehabilitation centres. Every day, the Assistant Health Officer and Junior Public Nurse are visiting sick inmates and necessary medicines are supplied to them. The Assistant Medical Officer of the Corporation of Kochi is put in charge of thi