An Analysis of Begging as an offence in India.
Abstract:
There is no central law in India that criminalizes begging. In India 22 states and union territories have their own anti-begging laws. These laws vary from state to state, but they generally make it an offence to beg in public places. The Bombay Prevention of Begging Act, 1959, is the most common anti-begging law in India. This law defines begging as “the act of proffering, or soliciting or receiving alms in a public place”. It also makes it an offence to employ a beggar or to abet begging. The anti-begging laws have been challenged in court on the grounds that they violate the fundamental rights of beggars. The Supreme Court has ruled that the laws are constitutional, but only if they are implemented in a fair and just manner. In practice, the anti-begging laws are often used to harass and discriminate against beggars. Beggars are often arrested and detained without trial, and they may be forced to undergo rehabilitation programs that are not in their best interests.
Keywords: Begging, Exploitation, Trafficking, Fundamental rights.
Introduction:
Begging is the practice of imploring others to grant a favour, often a gift of money, with zero expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may operate in public places such as transport routes, urban parks, and markets. Besides money, they may also ask for food, drink, cigarettes or other small items. In India, begging is a complex issue with a long history. It is estimated that there are over 500,000 beggars in India, and the problem is particularly acute in urban areas. There are many reasons why people beg, including poverty, disability, mental illness, and addiction. The Indian government has enacted a number of laws to regulate begging, but these laws have been criticized for being ineffective and for violating the fundamental rights of beggars. The Bombay Prevention of Begging Act, 1959, for example, makes it a crime to beg in public places. This law has been challenged in court and has been found to be unconstitutional. There are a number of reasons why begging is illegal in India. One reason is that it is seen as a form of vagrancy and a social nuisance. Begging can also be a form of exploitation, with beggars often being forced to beg by their pimps or traffickers. Additionally, begging can be a threat to public health, as beggars may be carrying diseases or parasites. The penalties for begging under the Bombay Prevention of Begging Act vary depending on the circumstances. If a beggar is found begging for the first time, they may be warned or fined. If they are found begging a second time, they may be imprisoned for up to three months or fined up to Rs. 500. If they are found begging a third time, they may be imprisoned for up to one year or fined up to Rs. 1,000. There are a number of ways to address the issue of begging in India. One way is to provide social welfare programs that can help to prevent people from becoming beggars in the first place. Another way is to crack down on the exploitation of beggars by their pimps or traffickers. Additionally, public awareness campaigns can be used to discourage people from giving money to beggars. It is important to note that begging is not always a sign of poverty or desperation. In some cases, people may beg as a way to make a living or to support their families. Begging can also be a symptom of deeper social problems, such as poverty, unemployment, and lack of education. It is important to remember that beggars are human beings who deserve our compassion and understanding. We should not criminalize begging, but we should work to address the root causes of poverty and social exclusion that force people to beg in the first place.
Constitution and Begging:
The Constitution of India does not explicitly mention begging. There are a few provisions in the Constitution that could be interpreted to prohibit begging.
- Article 23(1) prohibits forced labour and other forms of exploitation. This could be interpreted to include begging, as it can be seen as a form of exploitation.
- Article 21 guarantees the right to life and personal liberty. This could be interpreted to mean that the government cannot force people to beg.
- Article 39(e) and (f) of the Directive Principles of State Policy state that the state shall direct its policy towards securing that the citizens, men and women equally, have the right to adequate means of livelihood, and that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. This could be interpreted to mean that the government should take steps to address the root causes of begging, such as poverty and unemployment.
The anti-begging laws in India are based on these constitutional provisions. These laws vary from state to state, but they generally make it an offense to beg in public places. The penalties for begging can include imprisonment, fines, and/or detention in a beggars’ home. The constitutionality of the anti-begging laws has been challenged in court several times. In some cases, the courts have upheld the laws, while in other cases they have struck them down. The Supreme Court has not yet ruled definitively on the constitutionality of the anti-begging laws.
Why Begging Should be Criminalized.
- Begging is seen as a public nuisance.Beggars can be seen as a nuisance to the public, as they can block sidewalks, traffic, and public spaces. They can also be seen as a threat to public safety, as they may be associated with crime or violence.
- Begging can be exploitative.Some beggars are forced to beg by others, such as pimps or traffickers. These people may take advantage of the beggars’ vulnerability and force them to work in dangerous or exploitative conditions.
- Begging can discourage people from seeking help.Some people may be reluctant to seek help from social services if they are afraid of being arrested for begging. This can make it more difficult for people to get the help they need to escape poverty and homelessness.
- Criminalizing begging can help to reduce poverty. By making begging illegal, the government can discourage people from resorting to begging as a way to make money. This can help to reduce poverty by encouraging people to find more productive ways to earn a living.
Why Begging Should be Decriminalized.
- It violates the right to life.The Constitution of India guarantees the right to life to all citizens. Criminalizing begging puts people in a difficult situation where they have to choose between begging and starving. This is a violation of their right to life.
- It is ineffective in addressing the root causes of begging.Begging is often a symptom of poverty, lack of education, and mental illness. Criminalizing begging does not address these underlying issues. In fact, it can make them worse by making it more difficult for people to get the help they need.
- It is cruel and unusual punishment.Arresting and imprisoning people for begging is cruel and unusual punishment. These people are often already struggling to survive, and being arrested and imprisoned will only make their situation worse.
- It diverts resources away from more effective solutions.The money that is spent on arresting, imprisoning, and detaining beggars could be better spent on providing them with food, shelter, education, and mental health care. These are the things that will actually help them to get out of poverty and become self-sufficient.
Alternatives rather than criminalizing begging:
- Providing social welfare programs.The government can provide food, shelter, education, and healthcare to people who are struggling to make ends meet. This will help to reduce the number of people who are forced to beg.
- Creating job opportunities.The government can create jobs and training programs to help people to get back on their feet. This will give them the opportunity to earn a living and support themselves.
- Providing mental health care.Many beggars are suffering from mental illness. The government can provide them with access to mental health care so that they can get the treatment they need.
Ram Lakhan vs State (Delhi High Court)
Facts:
The case involved Ram Lakhan, who was convicted of begging under Section 3 of the Bombay Prevention of Begging Act, 1959. He challenged his conviction on the ground that the Act was unconstitutional as it violated his fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution of India.
Issues:
- Whether the Bombay Prevention of Begging Act, 1959 is unconstitutional as it violates the fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution of India?
- Whether the mere act of begging can be said to be a crime?
- Whether the court can order the detention of a beggar in a certified institution without giving him an opportunity to be heard?
Judgment:
The Delhi High Court held that the Bombay Prevention of Begging Act, 1959 is unconstitutional as it violates the fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution of India. The Court held that the mere act of begging cannot be said to be a crime. The Court also held that the court cannot order the detention of a beggar in a certified institution without giving him an opportunity to be heard.
Conclusion:
The decision of the Delhi High Court in Ram Lakhan v. State is a landmark judgment that has had a significant impact on the law of begging in India. The judgment has helped to protect the fundamental rights of beggars and ensure that they are not subjected to arbitrary detention.
Discussion:
Beggars are often seen as dirty and diseased, and they can be a source of annoyance to pedestrians and motorists. Additionally, beggars can sometimes be aggressive in their solicitation of alms, which can make people feel unsafe. Many beggars are forced to beg by their families or pimps, and they are often not given any of the money they collect. Additionally, begging can be a form of child labour, as many children are forced to beg on the streets. Making begging a criminal offense can deter people from begging and encourage them to find other ways to support themselves. Begging is often a symptom of a larger problem, such as poverty or mental illness. Criminalizing begging does not address the root causes of the problem and may actually make it worse. Making begging a criminal offense canstigmatize beggars and make it even more difficult for them to get the help they need. There is a risk of police abuse if begging is made a criminal offense. Police officers may be tempted to use excessive force against beggars, especially if they are poor or marginalized. Beggars are often seen as dirty and diseased, and they can be a source of annoyance to pedestrians and motorists. Additionally, beggars can sometimes be aggressive in their solicitation of alms, which can make people feel unsafe. Many beggars are forced to beg by their families or pimps, and they are often not given any of the money they collect. Additionally, begging can be a form of child labour, as many children are forced to beg on the streets. There are a number of laws and policies in place in India aimed at preventing and rehabilitating beggars. The National Policy for the Elimination of Beggary, 2014, provides a framework for the government to address the issue of begging. The policy aims to provide education, skills training, and employment opportunities to beggars, as well as to provide them with shelter and medical care. The government has also set up a number of rehabilitation centers for beggars. These centers provide beggars with food, shelter, clothing, and medical care. They also provide beggars with education and skills training, so that they can find employment and become self-sufficient. Despite the efforts of the government, begging remains a problem in India. There are a number of challenges to addressing the issue of begging, including poverty, illiteracy, and lack of employment opportunities. The government is committed to eliminating begging, and it is working to develop more effective policies and programs to address this issue.
In my opinion, making begging a criminal offense is not the best way to address the issue. Begging is a symptom of a larger problem, and criminalizing it does not address the root causes. Instead, the government should focus on providing social welfare programs and services to help people who are struggling to make ends meet. This would help to reduce the number of people who are forced to beg and make it easier for those who are already begging to get the help they need.
Conclusion:
The question of the legality of begging is complex and there are strong arguments on both sides. Some people argue that begging is a form of exploitation and that the government has a responsibility to protect people from it. Others argue that begging is a form of free expression and that the government should not interfere with it. Ultimately, the question of whether or not begging is a crime is a matter of public policy. The government will need to weigh the various factors involved, such as the rights of beggars, the needs of the community, and the effectiveness of the anti-begging laws, in order to make a decision. Instead of criminalizing begging, the Indian government should focus on addressing the root causes of poverty and social exclusion. This includes providing financial assistance to poor people, providing job training and placement services, and providing mental health services. The government should also crack down on trafficking and other forms of exploitation that force people to beg. The government of India is committed to addressing the issue and providing assistance to beggars. With continued effort it is possible to eliminate begging in India and improve the lives of those who are currently forced to beg.
References:
https://knowlaw.in/index.php/2022/10/21/is-beggary-a-crime/
https://www.legalserviceindia.com/legal/article-13009-criminalization-of-begging-in-india.html
https://www.hindustantimes.com/editorials/the-supreme-court-is-right-on-begging-101627471711972.html
https://www.drishtiias.com/daily-news-analysis/decriminalising-begging
https://socialwelfare.delhi.gov.in/social/beggary-prevention
http://www.arthapedia.in/index.php/Begging
https://www.iasparliament.com/current-affairs/striking-down-of-beggary-act
https://www.dhyeyaias.com/current-affairs/perfect-7-magazine/beggary-in-india
137 (2007) DLT 173.
Article Written By: Jangam Shashidhar.