Topic– mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
4) Laws such as Bombay Prevention of Begging Act that criminalize people on account of their poverty or vulnerability needs to go. Examine with special emphasis on the rights of transgender persons.(250 words)
Why this question
Delhi HC has recently decided that the aforementioned Act is unconstitutional. The article discusses the reasons for the same and examines the impact that the Act had on vulnerable sections with special emphasis on the transgender population. The article also discusses other such discriminatory laws which accord special powers often misutilized. Court judgements such as these are usually important from the point of view of mains, and thus needs to be prepared.
Key demand of the question
The question expects us to discuss the reasons for declaring the Act unconstitutional and how the Act was discriminatory for vulnerable sections. Furthermore, we are expected to bring out other such laws which discriminate against people based on poverty or other such vulnerability and why they need to go.
Examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any .
Structure of the answer
Introduction – Discuss the recent Delhi HC judgment on Bombay Prevention of Begging Act.
- Discuss the provisions of Bombay Prevention of Begging Act and why was it discriminatory for the vulnerable sections.
- Explain the reasons given for declaring the said Act unconstitutional.
- Discuss the other laws such as the ones mentioned in the article which are equally discriminatory for transgender population, which remains there in the statute despite court’s judgement in Naz foundation case. Highlight the historical basis of such laws and the social, constitutional etc implications of such laws
Conclusion – Summarize your answer and emphasize why such laws are anachronistic and need to be reviewed.