Context Delhi High Court decriminalized beggary by striking down certain
sections of the Bombay Prevention of Beggary Act, 1959, as extended to
Delhi. Background
The act of begging is a crime in 20 states and two union territories of
India. It is treated as cognizable and non-bailable offense.
Currently, there is no central law on begging & destitution and most
states have adopted the Bombay Prevention of Begging Act, 1959
Fact sheets
India has 4,13,670 beggars in 2015 (Census 2011)
West Bengal has top the list of 81,000 beggars
Some studies indicate that 99 percent men and 97 percent women
resort to beggary.
This number fell 41% since the last Census of 2001, which recorded the
number of beggars at 6.3 lakh.
Context Delhi High Court decriminalized beggary by striking down certain
sections of the Bombay Prevention of Beggary Act, 1959, as extended to
Delhi. Background
The act of begging is a crime in 20 states and two union territories of
India. It is treated as cognizable and non-bailable offense.
Currently, there is no central law on begging & destitution and most
states have adopted the Bombay Prevention of Begging Act, 1959
Fact sheets
India has 4,13,670 beggars in 2015 (Census 2011)
West Bengal has top the list of 81,000 beggars
Some studies indicate that 99 percent men and 97 percent women
resort to beggary.
This number fell 41% since the last Census of 2001, which recorded the
number of beggars at 6.3 lakh.
Problem Caused by Beggary
Economic Burden
Drug Abuse
Trafficking
Organized Crime
Child Related Crimes
Prostitution
Social Attitude towards beggar
Negative attitude because they are poor and lazy people and lives on
the other sympathy.
They are treated as drug trafficker and child lifter etc.
It is believed that, beggars are obstacle to tourism and a scar on highly
developed cities.
In rural areas they sometime treated as untouchables as well.
Bombay Prevention of Begging Act, 1959
Its aim is to remove beggars from their current illegal profession so that
they may be detained, trained and eventually employed elsewhere
The Bombay Prevention of Begging Act, 1959 criminalizes begging.
Beggars may be arrested without warrant
They can be sentenced to jail without trial or may be sent to shelter
homes/certified institutions
The punishment tenure for beggary ranges from 3-10 years in jail
Court may order detention of persons wholly dependent on beggar
Penalty for employing or causing persons to beg or using them for
purposes of begging
Provision for the teaching of agricultural, industrial and other pursuits,
and for general education and medical care of the inmates of the
Receiving Centres/Certified Institutions
Also, every person detained in certified institutions “shall at any time
allow his finger prints to be taken”. This is violation of fundamental
right
As per the act, if any beggar detained in a Certified Institution is found
to be of unsound mind or a leper, s/he can be ordered to be removed
to a mental hospital or leper asylum as per provisions of the Indian
Lunacy Act, 1912 and of the Lepers Act, 1898
Issues with Act
Definition of begging under the act is vague. No distinction between
Beggars and Homeless.
Harsher implication on beggary without any proper rehabilitation
measures
It gives discretionary powers to thepolice to arrest.
Under Article 21 of the Constitution, every beggar or juvenile has a
fundamental right to live. It is state responsibility to provide an
alternative routes of earning for them
It also criminalizes people who make earning by singing, dancing etc.
It violates the right of children and contradicts the protective provision
of juvenile Justice act
Juvenile justice act identifies child beggars as “children in need of
care and protection” and provides for their rehabilitation and re-
integration in the society
There is no rule regarding right to receive training and education
Issue with certified institution. Act gives Certified institutions absolute
power over detainees, including the power of punishment, and the
power to exact “manual work”
The person in destitution (protection, care and rehabilitation) model bill,
2016
It cover the rights of all destitute – homeless, persons with mental and
physical disabilities, beggars, old and the infirm – who are above the
age of 18
It decriminalized beggary except for repeat offences.
The bill also proposes to establish separate rehabilitation centers for
women and differently abled destitute
Employing a child for begging will be a crime punishable under the
Juvenile Justice Act and the Indian Penal Code.
States would have to establish rehabilitation centers
Provide vocational training or skill development
constitute a monitoring and advisory board to coordinate
implementation of the schemes and advise the government on matters
related to care, protection, welfare and rehabilitation of destitute
However this draft proposal is currently dropped by the government
Ram Lakhan v State (Case dealing with anti-Begging law)
In this case Hon’ble Court has critically analyzed every situation of a
beggar from legal, social and ethical point of view
Contrary to Bombay act 1959, judgment has classified beggars into 4
categories viz; -
Down-right lazy who doesn’t want to work
Alcoholic or drug-addict
Forced by a ring leader of a beggary “gang”
Starving, hopeless and helpless
Judge says that people falling under 3rd and 4th category are doing the
act under a necessity and thus those should not be convicted for the
act which they are not performing voluntary.
The provision is also contrary to the fundamental right of freedom of
speech and expression (Art 19)
Delhi HC judgment
Delhi High Court decriminalized beggary by striking down certain
sections of the Bombay Prevention of Beggary Act, 1959, as extended
to Delhi
The order is the first in the country to strike down provisions of the
1959 Act.
Court held that Begging Act violated Article 14 (equality before law)
and Article 21 (right to life and personal liberty) of the Constitution.
Court also observes that under article 21 it is states responsibility to
provide quality life to its citizen. State cannot penalize people for
begging due to poverty
Various provision are struck down including those permitting the arrest
without a warrant
The court has not struck down Section 11, which addresses forced
begging or “begging rackets”
Critics argue that this judgment undo legacies of injustice and consider
all individuals and communities as equal citizen
Best Practices Odisha: The government of Odisha has adopted good
measure to identify beggars provide them alternative remedy like Houses,
Insurance coverage, Aadhar and Ration card, Healthcare facility, giving them
training for vocational skills for wage or self-employment Maharashtra - Few
municipal corporations in Maharashtra including Pune Corporation had
launched 'beggar free city' campaign. Bihar-
MukhyamantriBhikshavritiNivaranYojna to protect and promote the rights of
beggars by ensuring their care, protection, development, socio-economic
and cultural empowerment through enabling policies and programmes.
MBNY is a Bihar state govt. scheme. Way forward
A law is needed which respects the dignity of the destitute rather than
penalizes them for being poor. The government must bring legislation
to decriminalize beggary
Government should also adopt a proper mechanism for identification
and rehabilitation of beggars
A follow up action should also be adopted for the beggars who are
coming out of rehabilitation center to assist in any challenges faced by
them in integrating with the mainstream society
Police should take action against the begging rackets
The government should engage different stakeholders such as NGOs
working with street children, traffic policemen etc. to eradicate beggary
especially child beggary
Problem Caused by Beggary
Economic Burden
Drug Abuse
Trafficking
Organized Crime
Child Related Crimes
Prostitution
Social Attitude towards beggar
Negative attitude because they are poor and lazy people and lives on
the other sympathy.
They are treated as drug trafficker and child lifter etc.
It is believed that, beggars are obstacle to tourism and a scar on highly
developed cities.
In rural areas they sometime treated as untouchables as well.
Bombay Prevention of Begging Act, 1959
Its aim is to remove beggars from their current illegal profession so that
they may be detained, trained and eventually employed elsewhere
The Bombay Prevention of Begging Act, 1959 criminalizes begging.
Beggars may be arrested without warrant
They can be sentenced to jail without trial or may be sent to shelter
homes/certified institutions
The punishment tenure for beggary ranges from 3-10 years in jail
Court may order detention of persons wholly dependent on beggar
Penalty for employing or causing persons to beg or using them for
purposes of begging
Provision for the teaching of agricultural, industrial and other pursuits,
and for general education and medical care of the inmates of the
Receiving Centres/Certified Institutions
Also, every person detained in certified institutions “shall at any time
allow his finger prints to be taken”. This is violation of fundamental
right
As per the act, if any beggar detained in a Certified Institution is found
to be of unsound mind or a leper, s/he can be ordered to be removed
to a mental hospital or leper asylum as per provisions of the Indian
Lunacy Act, 1912 and of the Lepers Act, 1898
Issues with Act
Definition of begging under the act is vague. No distinction between
Beggars and Homeless.
Harsher implication on beggary without any proper rehabilitation
measures
It gives discretionary powers to thepolice to arrest.
Under Article 21 of the Constitution, every beggar or juvenile has a
fundamental right to live. It is state responsibility to provide an
alternative routes of earning for them
It also criminalizes people who make earning by singing, dancing etc.
It violates the right of children and contradicts the protective provision
of juvenile Justice act
Juvenile justice act identifies child beggars as “children in need of
care and protection” and provides for their rehabilitation and re-
integration in the society
There is no rule regarding right to receive training and education
Issue with certified institution. Act gives Certified institutions absolute
power over detainees, including the power of punishment, and the
power to exact “manual work”
The person in destitution (protection, care and rehabilitation) model bill,
2016
It cover the rights of all destitute – homeless, persons with mental and
physical disabilities, beggars, old and the infirm – who are above the
age of 18
It decriminalized beggary except for repeat offences.
The bill also proposes to establish separate rehabilitation centers for
women and differently abled destitute
Employing a child for begging will be a crime punishable under the
Juvenile Justice Act and the Indian Penal Code.
States would have to establish rehabilitation centers
Provide vocational training or skill development
constitute a monitoring and advisory board to coordinate
implementation of the schemes and advise the government on matters
related to care, protection, welfare and rehabilitation of destitute
However this draft proposal is currently dropped by the government
Ram Lakhan v State (Case dealing with anti-Begging law)
In this case Hon’ble Court has critically analyzed every situation of a
beggar from legal, social and ethical point of view
Contrary to Bombay act 1959, judgment has classified beggars into 4
categories viz; -
Down-right lazy who doesn’t want to work
Alcoholic or drug-addict
Forced by a ring leader of a beggary “gang”
Starving, hopeless and helpless
Judge says that people falling under 3rd and 4th category are doing the
act under a necessity and thus those should not be convicted for the
act which they are not performing voluntary.
The provision is also contrary to the fundamental right of freedom of
speech and expression (Art 19)
Delhi HC judgment
Delhi High Court decriminalized beggary by striking down certain
sections of the Bombay Prevention of Beggary Act, 1959, as extended
to Delhi
The order is the first in the country to strike down provisions of the
1959 Act.
Court held that Begging Act violated Article 14 (equality before law)
and Article 21 (right to life and personal liberty) of the Constitution.
Court also observes that under article 21 it is states responsibility to
provide quality life to its citizen. State cannot penalize people for
begging due to poverty
Various provision are struck down including those permitting the arrest
without a warrant
The court has not struck down Section 11, which addresses forced
begging or “begging rackets”
Critics argue that this judgment undo legacies of injustice and consider
all individuals and communities as equal citizen
Best Practices Odisha: The government of Odisha has adopted good
measure to identify beggars provide them alternative remedy like Houses,
Insurance coverage, Aadhar and Ration card, Healthcare facility, giving them
training for vocational skills for wage or self-employment Maharashtra - Few
municipal corporations in Maharashtra including Pune Corporation had
launched 'beggar free city' campaign. Bihar-
MukhyamantriBhikshavritiNivaranYojna to protect and promote the rights of
beggars by ensuring their care, protection, development, socio-economic
and cultural empowerment through enabling policies and programmes.
MBNY is a Bihar state govt. Scheme
A law is needed which respects the dignity of the destitute rather than
penalizes them for being poor. The government must bring legislation
to decriminalize beggary
Government should also adopt a proper mechanism for identification
and rehabilitation of beggars
A follow up action should also be adopted for the beggars who are
coming out of rehabilitation center to assist in any challenges faced by
them in integrating with the mainstream society
Police should take action against the begging rackets
The government should engage different stakeholders such as NGOs
working with street children, traffic policemen etc. to eradicate beggary
especially child beggary
