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Synopsis

The Delhi High Court on Wednesday directed the Aam Aadmi Party government and the Delhi Commission for Protection of Child Rights (DCPCR) to file their respective status reports in a plea seeking direction to take requisite steps to eradicate child begging and related problems in and around Delhi.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the order dated May 10, 2023 had not been complied with.

“The learned counsel for GNCTD as well as learned counsel for Delhi Commission for Protection of Child Rights are granted four weeks’ time to file the status report/comply with the order passed by this court. List the matter after four weeks”, the court ordered.

During the hearing today, the petitioner-in-person, Ajay Gautam submitted, "Kindly see Annexure P2 of my petition. If my lordships may visit these places, then will find the same situation. There is no change in the ground reality despite that they have filed lots of documents...but the pictures and the places mentioned in my writ petition show the same beggars. Same child begging is being performed in the particular area".

The matter has been posted for further consideration on September 6.

Notably, a Chief Justice led bench in December 2022 had slammed the Aam Admi Party Government for not bringing the status report on record in the plea. The bench also comprising of Justice Subramonium Prasad had said, “The Government either doesn't file the response, doesn't provide a copy to the respondents or file a defective one, to delay the proceedings”.

The bench was hearing a plea filed by Gautam raising the issue as to "whether State is bound to perform its duties accordance with as enshrined in Section 13 (E) and (F) of The Commission for Protection of Child Rights Act, 2005?"

The plea also sought direction for the Delhi Police to identify and arrest the mafias/gangs who are behind the organized crime of sexual exploitation and using and/or pushing women using toddlers, teenage girls, and small children into begging and other related crimes.

Gautam had then informed the bench that child beggars can be almost everywhere in Delhi, most commonly at traffic signals, railway stations, bus stands, religious places, colleges, and popular markets.

It was alleged that despite the presence of beggars in almost every part of the city, the department who is responsible for curbing this menace, had failed to take any remedial steps.

Furthermore, it had been stated that everyone knows that the begging mafia is actively behind this menace of begging by the children and in fact, they kidnap, train, force, and torture innocent children for begging.

Case Title: Ajay Gautam v. DCPCR & Ors.