INTRODUCTION
The interplay approach between law and human rights in the
former channelizing a free and secure human life is often reflected
in the judicial opinions rendered by the Indian judiciary. The
ratio decidendi laid down by the Hon'ble High Court of Delhi in
the recent landmark judgment of Harsh Mander v. Union of
India 1 (in short
'Judgment'), settles the legal position that begging
shall not be criminalized within a State territory. This article
analyses the aforesaid Judgment in light of the constitutional
principles and the rational approach towards striking down the
provisions violating the human rights.
VERDICT- UPHOLDING CONSTITUTIONAL PRINCIPLES
In its Judgment2, the
Hon'ble High Court struck down Sections 4 to 29 except Section
11 of the Bombay Prevention of Begging Act, 1959 (hereinafter
referred to as 'Act') which had been adopted by
the State of Delhi in the year 1960. Section 2(1)(d) and section
4(1) of the Act provides a clear picture of
