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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 20] NEW DELHI, FRIDAY, APRIL 6, 1984/CHAlTRA 17, 1906

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 6th April,

1984: —

BILL NO. 1 OF 1984

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic

of India as follows:—

1. (2) This Act may be called the Constitution (Amendment) Act,

1984.

(2) It shall come into force on such date as the Central Government

Short title and commen- cement.

may, by notification in the Official Gazette, appoint.

Amend- ment of article 341.

2. In article 341 of the Constitution, in clause (I), for the words "in, relation to that State or Union territory, as the case may be", the words "in the whole of India irrespective of their place of residence" shall be substituted.

Amend- ment of article 342.

3. In article 342 of the Constitution, in clause (1), for the words "in, relation to that State or Union territory, as the case may be", the words "in the whole of India, irrespective of their place of residence" shall be substituted.

(0

STATEMENT OF OBJECTS AND REASONS

India is a country consisting of various religions, castes and sub- castes. A number of aboriginal tribes had suffered heavily under the feudalists and capitalistic systems due to certain reasons to such an extent that they were termed low castes, mean and downtrodden. Adequate provisions have been made in the Constitution of India, framed after attainment of Independence, for economic, social and political upliftment of these castes, which are known as Scheduled Castes and Scheduled Tribes. A number of people of these castes, though included in the Lists of Scheduled Castes and Scheduled Tribes in their respective States and Union territories, have shifted to other parts of the country under compulsion and on account of exploitation and injustice meted out to them. They are at present being deprived of the facilities being provided to them in the States and Union territories to which they originally belonged. Being victims of exploi- tation at one place, they have again to suffer another form of exploi- tation at other place also because of inadequate provisions in the law. For instance, Dhobies and Passies, who are usually included in the list of Scheduled Castes and Scheduled Tribes in the States of Uttar Pradesh and Bihar, have been excluded in the lists of Scheduled Castes in several other States and, therefore, deprived of the facilities available to Scheduled Castes and Scheduled Tribes. Organisations of these castes, Members of Parliament and social workers have written to the Government in this connection a number of times that such castes should be included in the lists of Scheduled Castes and Scheduled Tribes at the national level. The Ministry of Home Affairs has given an assurance to amend the Constitution for inclusion of such castes, but the Government is hesitating to bring forward a bill to amend the Constitution for making appropriate provision for such castes.

In view of the above, it is necessary to ameliorate the social and financial condition of Scheduled Castes and Scheduled Tribes that per- sons who are listed as Scheduled Castes or Scheduled .Tribes in one State or Union territory are deemed to be Scheduled Caste or Sche- duled Tribe, as the case may be, in the whole of Tndia so that they are not deprived of the benefits available to them in the State or Union territory to which they originally belong.

Hence this Bill.

NEW DELHI;

RAM LAL RAHI

November 26, 1983.

BILL NO. 26 OF 1984

A Bill to abolish hegging in the country and ta provide for matters connected therewith.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic

of India as follows: —

1. (1) This Act may be called the Abolition of Begging Act, 1984.

(2) It extends to the whole of India.

Short title, extent and comnu-n- (3) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. Begging by any person in any manner is hereby abolished.

Aboli- tion oi begging.

3. Any person, whether able bodied or physically handicapped, found begging shall be, arrested by the police and sent to the nearest rescue home to be established by the Central Government under section 6.

Persons found beg- ging to be sent to res- cue homes.

4. Any person who forces another person into begging shall be liable to punishment with rigorous imprisonment for five years and with a fine of five hundred rupees.

Penalty for forcing others into beg- ging.

5. All persons found begging and sent to rescue homes shall be detained in the rescue home till they are given training in same suitable trade by the Government:

Detain- ment and training in rescue liomea,

Provided that where a person found begging is below the age of sixteen years, he or she shall be restored to his or her parent if the parent is willing to take back such person and is in a position to maintain him or her.

6. The Central Government shall establish a rescue home in each

district in the country, well equipped for training in various trades.

Estab- iishmen t of rescue homes by Central Govern- ment.

7. The rescue homes established by the Central Government shall be

maintained and run by the State Government.

Mainten- ance and running of rescue homes fcy State Govern- ments.

8. The Central Government may give necessary directions to the State Governments from time to time for proper implementation of the provisions of this Act.

Direc- tions to State Govern. ments.

STATEMENT OF OBJECTS AND REASONS

The begging menace in the country has been going on for a long time and it has increased in the last so many years. Some beggars are really not in a position to earn their livelihood but at least 90 per cent, of the beggjrs have been found in good health and are capable of earning their livelihood. They Lave taken it as a profession with leas botheration.

Some people h;:ve taken to begging as a trade. They kidnap innocent children, boys and girls, who are taken to different places. They are forced by the circumstances to beg and whatever they earnj goes into the pockets of such people.

I he beggars problem is very acute in India, particularly in Delhi, Bihar and U.P. Delhi has become the nerve centre of beggars. This mennce has reduced the prestige of indta. in the eyes of foreigners.

After beggars are caught, they should be sent to rescue homes for beggars which should be established by the Central Government and maintained and run by the State Government. The beggars should be given suitable training in some trade in these rescue homes so that when they are released after the training, they are able to earn their livelihood.

Another aspect of the prob^m is the forced begging. The persons who force others into begging should be dealt with severely. They should be given deterrent punishment.

Hence this Bill.

NEW DELHI;

B. V. DESAI.

February 18, 1984.

FINANCIAL MEMORANDUM

Clause 6 of the Bill provides for establishment of resue homes by tin; Central (Jovernmunl in each district in the country for the beggars. A non-recurring expenditure of about rupees fifty lakhs is, therefore, likely to be involved from the Consolidated Fund of India on the estab- lishment of these rescue homes. A recurring expenditure of about rupees ten lakhs is also likely to be incurred annually.

SUBHASH C. K ASH YAP,

Secretary-G eneral.

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