April 8, 2012

Do beggars have Right To Live in India?

Once I argued a case before a High Court, that my client is a beggar. He is living under a particular  tree since 20 years. And the Collector had no right to remove him from his place.

High Court asked me,"What right your client has to live under a tree?"

I argued, "There are millions of beggars in this country. Under Art.21, they have to have some right to live at some place. Under laws, all lands which are not owned by anybody, are owned by Government. Therefore, under this tree, my client has right to live"

Judge disagreed with me and dismissed my case.

I remember old days, when all beggars were permitted to travel free in Third Class Compartment of railways.

They could travel freely all over country. They had to however, sit near toilet. Neither any ticket checker nor any police man used to trouble them.

I am not sure whether they are still permitted to travel free in railways.

When there were Common Wealth Games in Delhi, all beggars were asked to go temporarily in hiding so that foreigners do not get poor image of India.......  I don't know what to say.

I have still not come across any judgement of Supreme Court or High Court which says that million of beggars have right to sleep under tree or on pavements.

I wonder if you know any provision of law under which beggars have right to live in India and to sleep under a tree.

If you know, please let me know.

Haresh Raichura
8/4/2012