The Ministry of Railways in India has recently proposed modifications to the penalties associated with two actions under the Railway Act, 1989: begging and smoking on railway premises. These proposed amendments aim to change the interpretation of these activities from criminal to non-criminal but punishable offences.
Demystifying the Proposed Changes to Begging Regulations
At present, under section 144 (2) of the Railway Act, anyone found begging on a railway station or inside a carriage may face imprisonment up to one year, a fine of Rs. 2,000, or both. The new proposal aims to reword this section, stating that “No person shall be permitted to beg in any railway carriage or upon any part of the Railway”.
This proposed change follows the 2018 ruling of the Delhi High Court which declared begging in the national capital as not a punishable offence. The court noted that the law does not differentiate between voluntary or involuntary types of begging, thereby infringing upon Article 14 (Equality before Law) and Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
The court further stated that the state cannot overlook its obligation of providing decent life to all citizens by penalising those who beg for basic sustenance. It suggested city governments to frame alternative laws addressing forced begging after conducting a comprehensive study on the sociological and economic aspects of the issue.
Revisiting the Smoking Penalty
As per Section 167 of the current Act, no one is permitted to smoke in any train compartment if objected by another passenger. The railway administration also holds the right to ban smoking in any part of the train irrespective of objections raised. Violating this rule attracts a fine of Rs.100.
The proposed amendment seeks to introduce an option for the offender to pay the fine immediately. An authorised officer can now compound the offence by imposing the maximum fine, which will be collected by the railway administration. On payment, the offender will be released with no further proceedings against them.
Understanding Beggary and its Legal Implications
The Bombay Prevention of Begging Act, 1959 characterises beggary as a state of being without visible means of subsistence and resorting to soliciting or receiving alms. Legislation aims at eradicating individuals appearing poor or destitute from public spaces. This aspect of Indian law dates back to the 1920s when colonial rulers criminalised begging as part of their strategy of controlling certain communities.
While India does not have a central Act on begging, several states and Union Territories have modeled their laws on sections of the Bombay Prevention of Begging Act, 1959. In 1960, begging in Delhi was criminalised following an amendment by the Central government. These laws assist governments in maintaining public order, prevent forced begging or “begging rackets”, and ensure that tourists are not bothered.
Main Provisions Related to Smoking
The principal legislation governing tobacco control in India is the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA). In 2004, India ratified the World Health Organisation Framework Convention on Tobacco Control (WHO-FCTC), which came into effect in 2005.
