JUDGMENT

Dated this the 7th day of January 2021 S.MANIKUMAR, C.J.

Since the issues involved in both these writ petitions are common, they are being disposed of by this common judgment. 2. Both these writ petitions are filed highlighting the situation of children below the age of 14 entangled in begging.

3. Writ Petition No.1972 of 2010 has been filed as a public interest litigation seeking rescue and proper rehabilitation of abandoned/neglected children and prohibition of soliciting alms.

Main prayers sought for in this writ petition are as follows: A) issue a writ in the natrue of mandamus commanding the respondents to take steps to prohibit begging/soliciting alms in public, within the State of Kerala, and also take steps to rehabilitate those found begging.

B) issue a writ in the nature of mandamus commanding the respondents to take steps to ensure that all children between the age of 6 to 14 are given elementary education, C) issue a writ in the nature of mandamus commanding the respondents to take steps to ensure that no child between the age of 6 to 14 remains away from school, either on the streets or at home and also ensure that all parents/guardians send the children between the age of 6 to 14 to school, D) issue a writ in the nature of mandamus commanding the respondents to take steps to ensure that no child under the age of 14 years is employed by anyone, either in an institution, workplace or residence and if it is found, to rescue and rehabilitate them in proper institutions and also initiate action against those found responsible, as envisaged by the laws in force, E) issue a writ in the nature of mandamus commanding the first and second respondent to provide adequate facilities in the shelter home Snehabhavan at Palluruthy, so as to provide a decent and reasonable living atmosphere to the inmates there, especially children, and also take steps to ensure that children are not made to mingle with persons with mental illness and contagious diseases, and are given separate accommodation, free from the influence of unwanted elements, F) Issue a writ in the nature of mandamus commanding the first respondent to strictly implement the prohibition regarding begging within its jurisdiction, forthwith.

4. W.P.(C)No.40550/16 has been filed seeking for a direction to make Ext.P1 Kerala Prevention of Begging Bill 2006 into an Act.

Main reliefs sought for in this writ petition are as follows: i) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the respondents 2, 3 and 4 to make Ext.P1 bill into a full fledged and self contained enactment by incorporating more stringent and effective provisions to deal with the offenders and to frame Rules for the effective implementation of the same.

ii) issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the 4th respondent to take steps to see all the cases of missing of children registered, constitute a team of efÏceint and expert police ofÏcials to investigate those cases.

iii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the first respondent to legislative an enactment for severely dealing with the kidnapping of children, using them for begging, preventing the begging completely and accommodating and maintaining persons who have become neglected vagrant wandering and begging.

iv) issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the respondents 1 to 4 to implement Exhibits P14, 15, 16 and P17 in the areas where those enactments cover within the State of Kearla till Ext.P1 had been made into a law.

5. It is contended by Sri.C.Rajendran, learned counsel for the petitioner in W.P.(C)No.40550 of 2016 that there is a big mafia working behind kidnapping of children, using them for begging and when the children become adolescents they are be