1. Being moved by the precarious condition of the infirm/incapacitated persons deposited/deployed by the anti social groups on different public places for begging and having been disappointed with the attitude of the respondents to eliminate such a social menace, the petitioner has filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, which falls within the category of Public Interest Litigation, with the prayer that Secretary, Home Department, Government of the Punjab, be directed to take stern action against deployment of infirm/incapacitated persons on the public places with a further direction to the Inspector General of Police to alert the mobile police contingents to put an halt to the said abominable act and that necessary arrangements be made for maintenance of the neglected, infirm and destitute persons.
2. The contentions of the learned counsel for the petitioner, on the strength of the written, arguments filed by him before this Court, can be summed up in the words that despite agitation on different forums including a WALK arranged by the students of Quaid-e-Azam Law College from GPO Chowk to Assembly Hall, no step has been taken by the concerned departments towards the eradication, of the said social evil; that though under the Punjab Vagrancy Ordinance, 1958, the government is bound to establish and maintain Welfare Homes for the custody and rehabilitation of neglected persons but the Government of the Punjab has miserably failed to perform their said legal obligation which has proved a supportive piece for spread of the said evil; that according to Article 38(d) of the Constitution of Islamic Republic of Pakistan, 1973, the State is bound to arrange for bread and butter for the persons who are permanently unable to earn their livelihood on account of infirmity but the provincial government has not taken any step to fulfill the said constitutional obligation; that according to the injunctions of Islam beggary is prohibited and according to Article 2-A of the Constitution of Islamic Republic of Pakistan, 1973, the government is bound to take necessary measures to pave away for the citizens of the country to spend their life according to the injunctions of Islam but regarding the issue, under discussion, no step has been taken by the government rather all the concerned authorities have shut their eyes from this important issue; that due to the; said practice, the infirm and incapacitated persons are being exploited by the unscrupulous persons of the society, the said act being repugnant to Article 3 of the Constitution of Islamic Republic of Pakistan, 1973, the government is bound to take all possible measures for eradication thereof; that dignity of a person has been guaranteed by virtue of Article 14 (1) of the Constitution of Islamic Republic of Pakistan, 1973 and the government is bound to eliminate any practice tending to lower down the dignity of a person; that the government has not pressed into service the provisions of Section 328 of the Pakistan Penal Code knowingly well that in appropriate cases actions against the delinquents can be taken under the said provision of the law; that the government has failed to proceed against the persons at fault under Section & 15 of the Punjab Children Act 1952; that, the least interest of the government regarding enforcement of Shariat Act, 1991 is also encouraging many other social evils including the under discussion; that Bait ul Mal Act 1991 is not being acted upon inasmuch as no step has been taken under Section 4 of the said act for providing financial assistance to the destitute, needy and infirm persons which has resulted into increase in the number of persons manifold who are being deployed for begging, at public places by mafia involved in the such nefarious activities on account of their infirmity/incapacity; that government is bound to make all out efforts for eradication of social evils but in the matter under discussion despite the fact that the same was highlighted at all levels in print as well as electronic media no step has been taken to eliminate the same and that the government has taken no step to stream-line the routine life of the citizens of the country in accordance with the injunctions of Islam.
3. On the other hand, learned Additional Advocate General argues that Punjab Vagrancy Act, 1958 has been enforced in the province. As a step towards implementation of the said act, during the years 1958-60 sincere efforts were made to establish Welfare Homes in six cities of the province but due to paucity of funds the said idea did not matured into reality. Again in the years 1966-67 Social Welfare Department set up a Welfare Home for baggers in Lahore but the same could not survive for long time due to non-cooperation of police department. Likewise, in the year 1979 Dar ul Rehmat, managed by an NGO, was declared as Welfare Home and the requisite funds were provided and about 1438 baggers were registered but the said project was to be closed due to non-suitability of the building and lack of arrangement for their rehabilitation. Similarly, in 1988 Dar ul Kafala was established in Shandara for reception and detention of baggers with the capacity of 100 inmates having different portions for male and female baggers. The said institution remained functional till 31.3.1993 when the same was closed due to discontinuance of budget by Provincial Zakat Council. With a view to further elaborate the efforts of the government, the learned Additional Advocate General adds that during the period when the said institution remained operative approximately 3827 baggers were rounded up in 458 raids and were dealt with by the Courts in accordance with law. All this was possible only due to good liaison amongst different departments such as police, judiciary and rehabilitation agencies. As a step towards implementation of Punjab Vagrancy Ordinance, 1958, Government of the Punjab appointed a task force to make an in depth study into the problem in the province and to point out its causes in addition to propose a via- media for elimination thereof. The report submitted by the said Task Force was also police centered rather than being welfare oriented. Further steps are also being taken against the out- laws under Punjab Destitute and Neglected Children Act, 2004 and all the divisional heads of the police have been directed to take action against the persons involved in bagging at public places and those who are involved in their deployment there. Further, the Government of Punjab as a step towards the character building of destitute children below the age of 15 years has established Child Protection & Welfare Bureau wherein necessary measures have been taken towards the character building of the destitute children and to make them viable members of the society. Thus, it cannot be said that the Government has shrug off his duty to put an end to the menace of professional begging at public places rather efforts, at all levels, are afoot for elimination thereof.
2. Though the learned Additional Advocate General, while performing his official duties, has pointed out different measures being undertaken by the government for eradication of the issue, under discussion, but being member of the society he has admitted that something more is required to be done to cope with this problem.
4. in view of the importance of the matter, I have given ardent hearing to the arguments put forth by the learned Additional Advocate General in addition to going through with due care and caution the arguments filed by learned counsel for the petitioner in written shape. I have also gone through the documents appended with this petition besides having gone through the law on the subject.
3. Being a member of the society I am conscious of the fact that no public place has been spared by the professional beggars inasmuch as they have established their hegemony outside the hospitals, educational institutions, mosques, Imam Bargahs, government offices and traffic signals is favourite point of their attack on the civilized members of the society. Sometimes, due to the hurdle created by the professional beggars, the traffic remains blocked for hours. A person who is traveling, especially with his family, finds himself totally helpless to get rid of such obnoxious persons as in case, anybody refuses to give them alms, they resort to different actions including causing damage to the vehicle in which the said person is hoarding. The said menace not only deserves attention of the government but being responsible, the other members of the society are also equally answerable for such evil as on the one hand the said social evil is causing many problems for. the society and on the other it has ruined the reputation of the country at international level. Thus, the said issue deserves to be attended to at all levels and necessary measures be taken for elimination thereof.
4. In my view, by filing the instant petition, while performing his social duty, the petitioner has also fulfilled of his national responsibility to put light on a so important social evil. This is not a simple case wherein the decision is announced after hearing respective counsel for the parties but this being a public interest litigation petition, this Court is bound to deal with the same in different capacities viz. being custodian of the fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan, 1973, this Court has to adjudge this issue in view of the provisions of the Constitution of Islamic Republic of Pakistan, 1973. Likewise, I, being a member of the society, have to see the possible measures which we all can adopt to root out the said menace.
5. Firstly, I would like to go through the law already enacted to cope with the said problem. The Punjab Vagrancy Ordinance 1958 was promulgated on 1st October 1958. According to Section 3 of the said Ordinance the government is bound to establish and maintain Welfare Homes for custody and detention of vagrants. The said provision, for the purpose of reference, is reproduced herein below: -- "3. (1) Government shall establish and maintain one or more Welfare Homes at such place or places as it thinks fit for the custody and detention of vagrants.
(2) Government may, by notification, declare any existing charitable or other institution with previous consent of the controlling authority of such institution and on such conditions as may be mutually agreed upon between Government and the said authority, to be a Welfare Home for the purposes of this Ordinance."
6. A bare perusal of the afore-mentioned provision makes it abundantly clear that under the Punjab Vagrancy Ordinance, 1958, the government has no escape to establish Welfare Homes at the requisite-places for the lodging of vagrants. The other option given by the said Ordinance, the government can use an institution, being already used for any other purpose, as Welfare Home with the consent of the controlling authority. Though the Government of Punjab, as submitted by the learned Additional Advocate General, had been establishing Welfare Homes off and on but they did not survive for long mainly due to paucity of funds. It is duty of the government to raise funds to maintain the Welfare Homes and the shortage of funds should not be allowed to impede the way of such a social welfare projects. For the purpose, government can use Bait ul Mal on permanent basis in addition to involving the persons of means to raise funds for continuous running of the Welfare Homes for the detention of vagrants to root out the menace of professional begging at public places which has not only affected our social thread-bare but has also devastated the reputation of the country at international level.
7. According to Section 9 of the said Ordinance, if the Magistrate finds that a person is a vagrant, he can punish him with imprisonment of either description for a period not exceeding three years.
8. However, according to the proviso the said section, in the case of first offender the Magistrate shall release the vagrant after due admonition to him.
9. Further, the mechanism to deal with the persons who employ or exhibit the infirm/incapacitated persons on public places for begging has been provided in Section 10 of the said Ordinance which reads as follows: "Whoever employs or causes any person to solicit or receive alms or uses a person as an exhibit for the purpose of soliciting or receiving alms or being the guardian of a child connives at or, encourages the employment or the causing of the child to solicit or receive alms shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both."
10. Likewise, Punjab Children Ordinance 1983 was enacted on, 14.12.1983 for the welfare of the children just to make them a viable members of the society. According to Section 6 of the said Ordinance, the government has to establish and maintain authorized schools or juvenile institutions for the reception of the children. Further, the action against a person who employs any child for the purpose of begging or causes any child to beg has been provided in Section 20 of the said Ordinance which is reproduced herein below:-- "20. Employing child for begging.--Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the custody, charge or case of a child connives at or encourages his employment for the purpose of begging and whoever uses a child as an exhibit for the purpose of begging shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five hundred rupees or with both."
11. A bare perusal of the discussion made in the foregoing paragraphs one thing is clear that the legislation for the control of vagrants is very much present. The question which remains answerable by us, as a nation, is the implementation of said laws. In case of non-implementation of any legislation, the said exercise would render the same futile as the same would be confined only to the books as any law without its implementation looses its viability.
12. Insofar as the case in hand is concerned, the steps taken by the Government pursuant to the aforementioned enactments does not seem to be deficient but also show least interest of the Government to tackle with so important issue inasmuch as according to the learned Additional Advocate General, though Welfare Homes were set up for detaining the vagrants but the same could not survive for a long time due to insufficiency of funds. The said dismal picture of the affairs invites serious objections about the conduct of the Government to find out a solution of professional begging at public places. It is duty of the Government to arrange for finance for running of Welfare Homes and in case, the Government fails to provide sufficient funds for establishment of Welfare Homes under the said enactment, it shows that the Government is being run by inefficient persons. Till the time, the aforementioned laws concerning the control of vagrants are in the field, the Government is bound to take requisite measures enumerated in the said Ordinances and no escape is available to the Government to avoid its implementation towards the establishment of Welfare Homes.
13. The issue, under discussion, having social characteristic, we, all, including the members of the Parliament, are responsible for its solution. Thus, the Government, which is run by the members of the society, should take concrete steps to put an end to the said social evil so that the dream of establishment of a healthy society comes true. The Government should not abandon the concept of establishment of Welfare Homes on the excuse that sufficient funding is not available rather the Government should make all out efforts to provide requisite funds for the running of the said homes.
14. Now the question is that where from the Government can raise funds for establishment and maintenance of Welfare Homes for the maintenance of vagrants. For the purpose firstly the Government should earmark sufficient funds from its budget by curtailing other non- developmental programs. Secondly, the Government can contact with the well-off persons like industrialists, business tycoons etc. just to persuade them to invest for maintenance of Welfare Homes being established by the Government. Further, the Government can utilize Bait-ul-Mal for the said purpose as well. The purposes, where the funds Bait-ul-Mal can be used, have been enumerated in Section 5 of the Punjab Bait-ul-Mal Act 1991 which is reproduced herein below:-- "5. Utilization of the Bait-ul-Mal.--The Bait-ul-Mal shall be administered by the Council in the manner prescribed and shall be utilized for the following purposes; namely-- (i)relief and rehabilitation of the poor and the needy particularly poor widows and orphans; (ii)educational assistance to the poor and deserving students; (iii)medical assistance to the poor; (iv)charitable purposes;
(v) any other purpose of public utility particularly where, the beneficiaries would be the disadvantaged Sections of the society; and (vi)any other purpose approved by the Council
(2) Subject to the general supervision and control of the Council, the distribution of Bait-ul-Mal und shall be carried out by the District Bait-ul-Mal Committees to be constituted by the Council for this purpose in such manner as the Council may determine."
15. According to the afore quoted provisions, Bait-ul-Mal fund can be interalia used for any purpose of public utility particularly where the beneficiaries would be the disadvantaged Sections of the society. A survey of the persons, who are being deployed for begging at public places, would confirm that out of them only few would be those who have selected begging as profession for them of their own whereas the majority has become so due to their financial problems or due to the pressure exerted by the groups who are involved in deploying such persons for begging.
16. Further, the studies conducted by different institutions, NGOs and Government Organizations it has been proved that most of them were born with normal limbs of the body but the persons who are involved to earn' their livelihood by deploying those persons in begging had made them crippled in many respects just to make them pitiable and to keep them under their control. If the financial problems of the people are solved, many of them would leave this abominable act of their own. For the purpose, the Government can use the funds being raised through Bait-ul-Mal. Even otherwise, according to Article 38(d) of the Constitution of Islamic Republic of Pakistan, 1973, the Government is bound to provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, cast, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.
17. As many other social programs are being run by different Non-Governmental Organizations with, the permission of the Government, the Government can invite them for their participation in the efforts for elimination of begging at public places. For the purpose, the NGOs, having good reputation, can be involved in the said process by holding seminars, symposiums etc. Further, the Government can establish and maintain Welfare Homes on the basis of public-private partnership.
18. The Government should not hesitate to encourage the persons who are already providing funds to the charitable institutions.
19. Another important aspect of this matter is that besides taking the remedial steps for the detention of the vagrants the Government should also utilize different Government institutions to discourage the tendency of professional begging. For example, the traffic wardens can be utilized to control the professional beggars. As traffic signals are places of easy attack by the professional beggars, the traffic wardens, having direct eye on them, can take action against them by themselves or can report the matter to the concerned department. In this way, on the one hand the traffic wardens would do their official duty to streamline the traffic on the signals and on the other they would also play their role for eradication of a social evil. They can also be utilized for creating awareness amongst the public-at-large by handing over pamphlets regarding the sad effects of the begging for their onwards distribution to the public-at-large as is being done against other social evils.
20. Similarly, educational institutions can also be utilized for creating awareness amongst the students who would play its positive role for elimination of the said social evil in future. For the purpose I special material can be included in the syllabus. Further, seminars on this point can also play a positive role amongst the students. The teachers can also highlight the issue by putting the students at guard against the unhealthy effects of professional begging on the society as a whole by arranging special lectures in this regard.
21. As most of the people, who are involved in professional begging, are being deployed by different unscrupulous groups, who totally depend J upon the earning of the said infirm persons, they should be dealt with iron hands by giving them exemplary punishments without caring about the person who is at their back. The said obnoxious groups are so strong that they can defuse every effort by the Government to root out the vagrancy from the society. For the purpose, the politicians, policy makers and the law enforcing agencies should join hands with each other and to make restless efforts round the clock for eradication of said social bane.
22. As present era is of media, the role of print and electronic media towards the eradication of social evils cannot be ruled out. Thus, the public as well as private media should-come forward and play its due role to highlight this evil and to create awareness amongst the masses. The media related persons should present Ptich a material that the public-at-large would get awareness about the bad impact due to the professional bagging at the public places. The Government should also share with the media the burden of presenting such material before the public. Now the time has changed and even a rustic person has direct access to the media and anything presented on it would have direct bearing on the minds of every citizen.
23. Besides aforementioned steps by the Government, the role of - our society is most pivotal to put an end to this social curse. While giving alms the members of the society should draw a line between the deserving and non-deserving persons. They should not give alms to anybody on account of his pitiable condition rather they should keep constant watch on the persons who are involved in professional begging as most of them are constantly found on a specific point and they rarely want to change their point being used by them for years and years. We, as a members of the society, should deprecate begging at all levels. At the same time we should also spend something for them who are needy and are unable to fulfill their routine necessities. In this way, we will not only perform our religious obligation to help the poor but also contribute our due share to stop anybody to become a professional bagger.
24. In nutshell, I am of the view that sufficient legislation regarding control of vagrancy is in the field and the only question is of its implementation. Consequently, respondents are directed to coordinate each other for implementation of Punjab Vagrancy Ordinance, 1958 and they should not allow the insufficiency of funds or red-tapism to impede the way of establishment of Welfare Homes for deserted, destitute and infirm/incapacitated persons rather they should adopt all possible measures to raise funds for smooth running of such like homes to put an end to the social evils including vagrancy. Though the Government of Punjab has taken a step by establishing Child Welfare & Protection Bureau for welfare of the neglected and destitute children and its output is up to the mark but the same cannot be considered as sufficient as the said step alone cannot encompass the provisions of Punjab Vagrancy Ordinance, 1958.
25. The respondents are further directed to take stern action against the vagrants in addition to those who employ them at public places for begging. They should issue specific directions to their subordinates to have a watching eye on the vagrants and inform the concerned department for strict action against the respondents. In case of noncompliance of the said instructions, the delinquents be proceeded against departmentally and they be taken to task.
26. The Government is also directed to create awareness amongst the public-at-large about the unhealthy impacts of professional begging on the nation. In this regard they should not leave any stone unturned rather they should make all out efforts for eradication of the said menace. For the purpose, the Government can avail the services of well reputed NGOs and the other persons who are already working on different forums for elimination of the said evil. With these observations, this petition is disposed of.
27. Before parting with the order, it is made clear to the respondents that in case of inaction on their part despite passing of this order, this Court would not hesitate to exercise its constitutional powers suo mote for initiation of proceedings under the Contempt of Court Act 1976 against the delinquents without caring about their status or position as the issue involved in this petition is of much importance as compared to their designations etc. Offence is directed to immediately transmit a copy of this judgment to all the concerned without any delay.