CWP-13184-2018(PIL)(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-13184-2018(PIL)(O&M)

Date of decision: 02.05.2022

Pardhuman Garg, Advocate

… Petitioner

Versus

Chandigarh Administration, U.T Secretariat, Sector 9, Chandigarh and

others

… Respondents

CORAM: HON’BLE MR. JUSTICE RAVI SHANKER JHA,

CHIEF JUSTICE

HON’BLE MR. JUSTICE ARUN PALLI

Present:

None for the petitioner.

Mrs. Madhu Dayal, Additional Standing Counsel, U.T.

Chandigarh.

***

RAVI SHANKER JHA, C.J. (Oral)

The present petition has been filed by the petitioner praying for

the following reliefs:

“I.

A writ of Mandamus be issued for directing the

respondents to implement The Haryana Prevention of

Beggary Act, 1971 in letter and spirit so that inhuman

act of child begging could be eradicated.

II.

A writ of Mandamus be issued for directing the

respondents to ensure that the Child Labour

(Prohibition

and

Regulation)

Act

1986

be

implemented in letter and spirit so that children

below 14 years are not made to work.

III.

A writ of Mandamus be issued for directing the

respondents to ensure that the children who have

been identified to be working under the age of 14 are

not victimized rather they should be provided with

RAJAN KUMAR

2022.05.05 11:30

I attest to the accuracy and

authenticity of this document

CWP-13184-2018(PIL)(O&M)

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free education Right of Children to Free and

Compulsory Education (RTE) Act, 2009.

IV.

A writ of Mandamus be issued for directing the

respondents

to

take

suitable

steps

for

the

rehabilitation of all children engaged in prohibited

employment and Child Begging.”

The respondent-Chandigarh Administration has filed a return

stating that they have taken effective steps to implement the provisions of

the Haryana Prevention of Beggary Act, 1971 and the Child Labour

(Prohibition and Regulation) Act, 1986. They have also stated that the Acts

themselves create a statutory mechanism to deal with the instances of

violation on any complaint being filed before the authorities concerned. The

respondent in return has also filed a detailed status report indicating the steps

taken by them for enforcing the provisions of the Haryana Prevention of

Beggary Act, 1971 and the Child Labour (Prohibition and Regulation) Act,

1986. From a perusal of the report, we find that no further action is required

to be taken. The petition filed by the petitioner is, accordingly, disposed of

taking the stand and status report placed by the UT on record with a further

observation that in case the petitioner or any other person feels that any

provisions of law has been violated, they would be at liberty to approach the

competent authority in accordance with law bringing it to the notice.

Mrs. Madhu Dayal, learned Additional Standing Counsel

appearing for the Union Territory, Chandigarh submits that in case any such

complaint is received by the authorities concerned, they would deal it in

accordance with law expeditiously.

( Ravi Shanker Jha )

Chief Justice

02.05.2022

Rajan

( Arun Palli )

Judge

Whether speaking / reasoned:

YES

Whether Reportable:

NO

RAJAN KUMAR

2022.05.05 11:30

I attest to the accuracy and

authenticity of this document