A Bench comprising of Justices Pankaj Mithal and Saurabh Lavania of Allahabad High Court on Monday asked the State counsel to seek instructions with respect to the recommendation by the VII State Law Commission for repealing the UP Prohibition of Beggary Act, 1975.
The Court has also issued notice on the petition challenging the Constitutional validity of certain provisions of the said Act for Anti-Beggary law, returnable on November 23, 2020.
In November 2017, the Seventh State Law Commission of UP, headed by Justice AN Mittal, had submitted a report, proposing to repeal 1166 “dead enactments” in the State of UP of Anti-Beggary law. The Commission had also submitted a Draft Bill titled UP Repealing & Amending Bill, 2018, in this regard.
This report, inter alia, suggested that the UP Prohibition of Beggary Act should be repealed as “the purpose of this Act does not appear to have been achieved.“
The Court has now sought response as to the Government’s take on this report of Anti-Beggary law.
The order has been passed in a petition filed on behalf of one Ashma Izzat, who stated that the Act violates rights protected under Articles 14, 19 and 21 of the Constitution of India.
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The Court observed that the Petitioner has not disclosed full particulars as are required under the High Court Rules for maintaining a PIL. It therefore ordered:
“Learned counsel for the petitioner is, therefore, permitted to file a supplementary affidavit disclosing the particulars and in the meantime Shri H.P. Srivastava, learned Addl. Chief Standing Counsel for the State-respondents may seek instructions in regard to the recommendation by the VII State Law Commission which had recommended for the repeal of the above Act.“
