The Delhi High Court has declared the Delhi Prevention of Begging Rules, 1960, which were established under the Bombay Prevention of Begging Act, 1959, as unconstitutional. The court asserted these rules were in violation of Article 14 (equality before law) and Article 21 (right to life and personal liberty) of the Constitution.
Understanding the Begging Act
According to the court, the definition of begging under the Act was deemed arbitrary. In addition, it noted that it is the state’s responsibility to provide basic necessities, including food, clothing, and shelter, to all its citizens under Article 21 of the Constitution. The court highlighted that failure to provide these essentials was indicative of the state’s inability or unwillingness to fulfil its duties, which results in about poverty.
The Root Cause: Poverty
The court also pointed out various structural reasons for poverty such as lack of access to education, social protection, discrimination based on caste and ethnicity, landlessness, physical and mental challenges, and isolation. However, instead of addressing these root causes, criminalizing beggary makes them invisible.
State’s Right to Introduce New Legislation
Despite its judgement, the court clarified that the state has the right to bring up alternative laws to prevent any forced begging racket, but only after conducting an empirical examination on the sociological and economic aspects of the matter.
Striking Down Certain Provisions
Provisions allowing warrantless arrests of anyone found begging, taking them to court, conducting a summary inquiry, and detaining them for up to 10 years have been struck down by the court. Yet, the provisions that do not categorize beggary per se as an offence remain intact. This includes the one dealing with penalties for employing or causing persons to beg, addressing forced begging or begging rackets.
About the Bombay Prevention of Begging Act, 1959
The Bombay Act, being the basis for many states and Union Territories for their own laws, is a significant Act as there is no central law on beggary. The Act defines a “beggar” as anyone with no visible means of subsistence who exists by soliciting or receiving alms. Under this Act, police have the power to carry out arrests without a warrant, and magistrates can commit them to detention centres for up to three years upon first offence and up to 10 years upon the second offence.
History of the Legislation
The Act was created for keeping the streets of then Bombay clear of destitute individuals, leprosy patients, and mentally ill persons so they could be institutionalized. It has been criticized for treating individuals as subjects to be controlled rather than rights-bearing citizens.
Significance of Decriminalising Beggary
By decriminalizing begging, the court has affirmed that poverty is a human rights issue and denying the basic rights of life and dignity to the poor is an overt violation of fundamental rights.
The Way Forward
While the court has the authority to strike down an unconstitutional law, it cannot eradicate society’s systemic issues like poverty. It is the responsibility of the Legislative Assembly and the government to replace the punitive structure of the Begging Act with new measures focusing on rehabilitation and integration of the most vulnerable and marginalized members into the society.