CASE COMMENT JURESPRUDENTIAL ANALYSIS OF RAM LAKHAN VS STATE ON 5 DECEMBER, 2006 137 (2007) DLT 173

Abstract A famous poet ‘Rahim’ has once said in his hindi poem ‘a beggar has to die before he starts begging’ but those already die who refuse him to give bounty which shows the pitiness of the beggars who are forced by circumstances to beg. The problem of begging and the laws connected with it is a core issue concerned with the whole world. The author has focused on the contemporary issue relating to beggars and the laws concerning begging. The paper has tried to critically analyze an Indian case involving the issue of Anti-Begging Law prevailing in India which has been presented in the form of a legislative comment by applying various Schools of Jurisprudence to the situations. Begging and anti-begging is not just a concern for India but has indulged thinking of a lot of countries. This study also explains the various circumstances under which the begging is started. It also explains how the state functionaries misinterpret the judgment passed by competent court of law. As a result of which, an individual has to suffer by way of illegal confinement. This paper contemplates the role of the state to come forward and ensure that the beggars are used in the making of the society rather than disowning them, they should be provided with a helping hand by the state. This case shows that how the beggars are being deprived of fundamental rights and not been given equal rights as that of any citizen of the country and also leaves us with a question that whether begging should at all be banned?