Ban on Begging
Ban on Begging
Why in news?
❑ Following Indore's example, Bhopal has implemented a
complete ban on begging in public places, calling it a
social menace.
❑ The decision, issued by the Bhopal District Collector, is
aimed at tackling the growing issue of begging at traffic
signals, intersections, religious sites, and tourist
attractions within the city.
❑ The ban also includes prohibiting the giving of alms
and purchasing goods from beggars.
Legal and Social Perspective
Key Highlights of the Ban
Objectives
❑ Objective: To curb begging while providing
alternative livelihood solutions for displaced beggars.
❑ Prohibited Activities: Begging in public places is
strictly forbidden, and individuals are also barred
from giving alms or purchasing goods from beggars.
❑ Strict Enforcement: Authorities can register FIRs
against both beggars and those who offer them money
or goods. Recently, an FIR was lodged in Indore
against an unidentified individual for giving alms to a
beggar.
Legal and Social Perspective
Penalty
❑ Penalties under Section 223 of the Bharatiya Nyaya
Sanhita (BNS), 2023:
❑ Standard Offense: Up to six months
imprisonment, a ₹2,500 fine, or both.
❑ If Public Safety is Endangered: Punishment
increases to one-year imprisonment and a ₹5,000
fine.
❑ Duration of the Order: Initially valid for two
months, extendable up to six months by the state
government.
Legal and Social Perspective
Judicial Precedents on Begging
❑ Delhi High Court (2018): Struck down parts of the
Bombay Prevention of Begging Act, ruling them
arbitrary and violative of Article 21 (Right to Life
and Dignity).
❑ Supreme Court of India (2021): Rejected a PIL
seeking to remove beggars from public spaces,
stating that begging is a socio-economic issue, not
a criminal offense.
Legal and Social Perspective
Legal Framework for the Ban
❑ Enforcement-Mechanism: The ban is
implemented under Section 163 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, which
grants executive magistrates the power to
prohibit acts deemed as nuisances or potential
dangers.
❑ Scope of Applicability: It applies to residents,
visitors, and the general public frequenting
specific areas.
Legal and Social Perspective
Who is Considered a Beggar?
As per the Bombay Prevention of
Begging Act, 1959, a beggar is
anyone who:
❑ Solicits alms in any form.
❑ Sells or performs items for alms.
❑ Appears destitute and lacks
visible means of subsistence.
Legal and Social Perspective
Historical Legal Context
❑ Colonial-Era Laws: The Criminal Tribes Act of 1871
linked nomadic tribes with vagrancy and begging,
criminalizing them.
❑ Constitutional Provision: The Concurrent List (Entry 15,
List III) empowers both the Union and State Governments
to legislate on vagrancy and beggary.
❑ State-Level Legislation: No central law exists on begging;
states and Union Territories follow the Bombay Prevention
of Begging Act, 1959.
Government Initiatives: SMILE Scheme
❑ Launched: 2022 by the Ministry of Social Justice and Empowerment.
❑ Objective: Rehabilitation through medical care, education, and skill training and aims for a
“beggar-free” India by 2026.
Statistics on Begging in India (Census 2011)
❑ Total beggars & vagrants: 4,13,670
❑ Highest number of beggars: West Bengal, followed by Uttar Pradesh & Bihar.
Implications of Begging on Society
❑ Social Discrimination & Exploitation: Vulnerable groups, especially the disabled, face social
exclusion and abuse by trafficking gangs.
❑ Public Health Concerns: Begging hotspots lack sanitation, leading to disease outbreaks.
❑ Crime & Human Trafficking: Organized rackets force children and disabled individuals into
begging.
❑ Impact on Urban Spaces & Tourism: Aggressive begging leads to safety concerns and discourages
tourism.
BAN ON BEGGING
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