The Supreme Court in India has recently asked the Central Government and four States to respond to a plea that seeks the removal of provisions that criminalize begging. The plea argues that individuals who resort to begging due to certain circumstances should not be penalized for their actions. In congruence with this perspective, the Ministry of Railways plans to decriminalize begging on trains and railway premises.
Plea’s Standpoint on Decriminalising Begging
The movement towards decriminalizing begging is increasingly gaining momentum in India. Advocacy groups argue that individuals who resort to begging are often forced into this situation due to certain circumstances beyond their control.
Decriminalisation: A Ruling by the Delhi High Court
The Delhi High Court has set a precedent by decriminalizing begging in its city-state. The court ruled that the provisions of the Bombay Prevention of Begging Act, 1959, which categorizes begging as a crime, cannot withstand constitutional scrutiny.
Criminalising Begging: A Violation of the Right to Life
The laws that make begging a criminal offence force people to make an unreasonable choice: committing a crime or suffering from starvation. These laws contradict the spirit of the Constitution and infringe upon Article 21, i.e., the Right to Life.
The Government’s Responsibility to Provide Social Security
The government bears the responsibility of providing social security to everyone, ensuring that all citizens have access to basic facilities. This principle is integral to the Directives Principles of State Policy in the Constitution. The presence of beggars highlights that the state has failed to fulfill this duty.
Proposed Solutions: Faster Legislation and Voiding Certain Provisions
Correspondingly, the plea has recommended a faster adoption process for the Abolition of Begging and Rehabilitation of Beggars Bill 2018. This legislation is currently stuck in a lengthy parliamentary process. The plea has also requested the removal of particular sections from the Bombay Prevention of Begging Act, 1959, Punjab Prevention of Beggary Act, 1971, Haryana Prevention of Begging Act, 1971, and Bihar Prevention of Begging Act 1951.
Understanding the Bombay Prevention of Begging Act, 1959
There are no central laws on begging; however, many states and Union Territories use the Bombay Act as a reference for their own laws. The Act gives substantial power to law enforcement and penal institutions, permitting them to arrest individuals without a warrant and imprison them for extended periods.
Trends in Begging in India
Census data from 2011 reveals that there were 4,13,670 beggars in India, an increase from the previous census. West Bengal topped the list with the highest number of beggars, followed by Uttar Pradesh and Bihar. Among union territories and northeastern states, Delhi had the largest number of beggars while Mizoram had the least.
A Way Forward: Rehabilitation and Addressing Organised Begging
There have been attempts to revoke the Act and propose rehabilitation centers for the destitute in each district through the Persons in Destitution Bill, 2016. The Bihar government’s Mukhyamantri Bhikshavriti Nivaran Yojana is an exemplary scheme that provides open homes and community support for destitute persons instead of detention under the Act. However, the issue of organized begging rackets still poses a serious challenge and might require a new, targeted legal response based on trafficking law.
