Satyabrata Sinha, C.J.
1. This writ petition is filed by Abhipraay Welfare Society (for brevity 'the Society') for issuance of a writ or order, one in the nature of writ of mandamus, declaring the action of the respondents in not taking any steps for eradication of the menace of begging, though the State Legislature has enacted A.P. Prevention of Begging Act, 1977 (for brevity 'the Act').
2. The petitioner in the writ petition has identified certain areas where beggars are found. The reasons for begging have been set out in para 5 of the writ affidavit. In the counter-affidavit, the respondent State, while admitting the averments made in the writ affidavit stated that 'the Government is alive to this type of problem and is endeavouring to devise ways and means of implementing all the laudable objects of the statute.' Since no statement was made as to what ways and means are being devised by the Government for implementing the laudable objects of the statute, the learned Advocate General sought permission to file supplemental counter-affidavit. Pursuant thereto, a supplemental affidavit has been filed on behalf of the respondents, and in Paras 4 and 5 the steps taken by the Government are stated.
3. The Act is a beneficial piece of legislation. It intends to eradicate the long-standing social evil of begging which people take recourse to by way of last resort.
4. The Act is in two parts. The first part specifies begging, as defined in Section 2(b) to be an offence. The second part concerns with rehabilitation, and provisions in relation whereto have found place In Chapter IV. Section 11 reads thus:
'11. Provisions of Certified Institutions: (1) The Government shall establish and maintain one or more workhouses and one or more special homes at such place or places as they think fit, or may certify any institution not established and maintained by the Government, to be a work house or special home for the purposes of this Act.
(2) Separate accommodation for males and females shall be provided In each such certified institutions.'
5. Section 12 provides that the certified institutions should be under a Superintendent. Section 13 provides for constitution of Advisory Committee. Section 14 empowers the Government to appoint Chief Probation Inspector and Assistant Inspectors. As regards management and discipline of certified institutions, is concerned, provisions have been made in Chapter V of the Act.
6. In para 2 of the counter-affidavit, it has been stated that 14 child beggar homes have been established, each with a sanctioned strength of 50 inmates in different districts -- Visakapatnam, East Godavari, Guntur, Cuddapah, Anantapur, Warangal, Nizama-bad, Khammarn, Chittor, Medak, Ranga-reddy, Karimnagar, Krishna and Kurnool.
7. It, however, appears that a socio-economic survey of beggars was conducted by PG College of Social Work during 1993-94, and it pointed out that there are as many as 3,16,199 begars in the State of Andhra Pradesh out of the total population of 6,65,08,008. Further, in Para 5 of the counter-affidavit, it has been admitted that there are beggars near temples and other places in large numbers.
8. Though several statements have been made in the counter-affidavit, we have not been apprised as to which expert has analyzed the situation, and what suggestions have been received by the State from him, and as to how the suggestions given by him are going to be implemented at all. In the supplementary affidavit filed by the State, as noticed hereinbefore, it is stated in Paras 4 and 5 as under:
' In a meeting held on 28-1-1998 on eradication of beggaries in twin cities, it was decided therein (i) that a letter may be addressed to Government of India along with the project file presented by Lions Club of Hyderabad, South for their financial assistance, (ii) premises have to be located for reception centers and rehabilitation centers (iii) Bosco Institute of Research and Development of Youth (BIRDY) have to contact other non-governmental organizations who will be willing to undertake the project (iv) to explore the possibility of the abandoned Beggar Home, Lalapet, Secunderabad belonging to M. C. H. locate as reception centre (v) Addl. Director, Social Welfare hasbeen requested to find out whether any suitable buildings belonging to Social Welfare Department are available. Accordingly, a letter was addressed to the Government of India enclosing project files presented by Lions Club of Hyderabad, South in association with Bosco Institute of Research and Development for Youth for sanction of financial assistance in the matter. The Govt. of India in their letter dated 16-4-1998, requested to formulate the proposal for providing financial assistance, keeping in view 'of the provisions in Juvenile Justice Act, 1987 for the children found begging. The Lions Club of Hyderabad was addressed to take necessary action accordingly and to formulate proposals on the above lines and arrange to furnish the full shape through Commissioner of Social Welfare.
Government in Revenue Department requested the Collector, Ranga Reddy Dist. to identify land for construction of Beggar Home and send a report to Government through Spl. Chief Secretary and Chief Commissioner of Land Administration in view of the fact that the land proposed by her situated in Sy. No. 110 of Kukatpally Village, Balangar Mandal has already been allotted to SOS Childrens Villages of India on lease basis vide G. O. Ms. No. 245, Revenue (Assn. V) Department dated 28-4-2000. The Collector, Ranga Reddy Dist. was informed by the Revenue Department, while forwarding the representation of Lions Rehabilitation Centre, have requested to agree in principle for allotment of land to an extent of Ac. 4-00 in Sy. No. 57, Shamshiguda (v) Balangar (M) on long term nominal basis to construct Beggar Home in favour of South Lions Rehabilitation Centre and St. Theresa's Convent Society. The Collector, Ranga Reddy Dist. was also requested to send proposals for lease of the said above land through Spl. Chief Secretary and Chief Commissioner of Land Administration for taking necessary further action in the matter.'
9. There cannot be any doubt whatsoever that the State being a welfare State, a statutory obligation is caste upon the Government to implement the provisions of the Act. As Indicated hereinbefore, the Act provides for two fold duties to be discharged by the State -- firstly to end the menace of begging, and for that purpose it can take recourse to even prosecuting the persons indulging in the acts of begging. However, they have ahigher duty to discharge i.e. to rehabilitate the persons indulging in the acts of begging.
10. It may be that 14 beggar homes have been established by the Government in different districts providing accommodation for 550 boys and 150 girls, but that is not enough when compared to the population of beggars, which is 3,16,199 in terms of the Project Report of PG College of Social Work of 1993-94. On their own showing the Government has done precious little to eradicate the evil of beggary in its entirety, which was the main purpose and object of the Act.
11. Section 12 of the Act is mandatory in nature. While implementing the Act, which is a beneficial piece of legislation, a duty is cast upon the Government not only to see that the menace of beggary is eradicated, but also see that those indulging in beggary and people living in abject poverty are rehabilitated by taking such measures as are necessary for their welfare and social security.
12. In the above view of the matter, we dispose of the writ petition with the following directions.
The respondents shall conduct another socio economic survey of beggars within one year from the date of receipt of a copy of this order. Insofar as the measures to be taken for the purpose of implementing the Act, the respondents shall construct as many beggar homes as possible, but not less than 25 at different places, depending upon the population of beggars at a given place. As indicated in the supplemental counter-affidavit, the respondents shall take steps to construct beggar homes at Rangareddy District within one year from today at the designated place. We hope and trust that the authorities concerned shall strive hard to see that the provisions of the Act are implemented as far as practicable, within the afore-mentioned period. The petitioner-Society as also other non-governmental organizations working in the field, shall extend necessary help and co-operation in the implementation of this order as well as the provisions of the Act. The petitioner or any other organization working in the field, are at liberty to approach this Court, if any occasions arises therefor in future. No costs.