The
Supreme Court Tuesday made clear it will not take an “elitist view” that no
beggars be allowed on the streets and asked the Centre and Delhi government to
respond to a plea seeking vaccination and rehabilitation of beggars and
vagabonds in view of the COVID-19 pandemic.
The
top court, which observed that a large number of people including children are
compelled to be on the streets to beg due to absence of education and
employment, said this is a “socio-economic issue”.
A
bench of justices DY Chandrachud and MR Shah told the counsel appearing for the
petitioner that it would not consider one part of the prayer which sought a
direction to the authorities to restrain beggars and vagabonds from begging on
traffic junctions, markets and public places to avoid spread of COVID-19
pandemic in all the states and Union Territories (UTs) across India.
The
bench said it would issue notices to the Centre and Delhi government seeking
their responses on the plea for direction to the authorities for rehabilitation
of beggars and to ensure that food, shelter and basic medical amenities
including COVID-19 vaccination are provided to them amid the pandemic.
“As
the Supreme Court, we would not want to take an elitist view that no beggars
should be there on the streets,” the bench said during the hearing.
While
referring to a part of the prayer made in the plea, the bench said it is
seeking to restrain people from begging on the streets.
“This
is a socio-economic problem of poverty. The idea is to rehabilitate them, give
them and their children education,” it said, adding that such people have no
choice and nobody wants to beg.
The
bench said it is a “wider issue” of social welfare policy of the government and
the top court cannot say that such persons should be kept away from our eyes.
“This
is a socio-economic issue and cannot be remedied by a direction of the nature
that is sought in prayer (a). This is a human problem which has to be redressed
by the welfare State in a manner which accords with Part III and IV of the
Constitution,” the bench said in its order.
The
counsel appearing for the petitioner said the object and purport of the prayer
is to seek a direction to the authorities for rehabilitation of those who are
compelled to be on the streets to eke out their livelihood by pursuing
avocations such as begging.
The
counsel, while referring to the pandemic, said there is an urgent need to
ensure that vaccination programme includes them like all other citizens.
“Since
the first part of prayer (a) is not pressed before this court, we are inclined
to issue notice,” the bench said, adding that petitioner shall amend the prayer
accordingly.
The
bench asked Solicitor General Tushar Mehta to assist it in the matter and
posted it for hearing on August 10.
“Since
the immediate issue which needs to be attended is that of vaccinating the
persons to whom the petition relates and to ensure the due provision of medical
facilities in the COVID-19 pandemic, we would expect a response from the Union
of India and the Government of National Capital Territory of Delhi on what
steps are being taken to deal with this human concern,” it said.
At
the outset, the petitioner's counsel told the bench that issue raised in the
plea is regarding rehabilitation of beggars as the impending third wave of
Covid-19 pandemic poses a serious threat.
The
bench noted that it has indicated to the petitioner's counsel that it is not
inclined to countenance a prayer seeking directions to restrain beggars and
vagabonds from the streets.
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