Beggary in India

Definition of Beggary

• The Act defines beggary as an interest of getting unseen means of subsistence, and wandering about or last in any public sector in such condition or manner, as makes it probable that the person doing so exists by soliciting or receiving alms.
• However, the provisions of regulation aim to efficiently “cleanse” those spaces of people that seem terrible or destitute.

Historical Context

• Criminal Tribes Act, 1871:

• • • Labeled nomadic and vagrant groups as “criminal tribes,” associating them with begging.
    • This stigmatization continued in submit-independence laws like the BPBA, 1959.

• Legal Status of Beggary Laws Today:

• • No principal law criminalizes begging, however more than one state still put into effect beggary prevention acts based on the BPBA model.
  • The Concurrent List (Entry 15) of the Indian Constitution lets in each Union and State governments to legislate on vagrancy, nomadic and migratory tribes, along with begging.

Census 2011 Data on Beggars

• According to Census 2011, India has 4.13 lakh beggars and vagrants unfolding throughout rural and concrete areas.
• The statistics highlight socio-economic vulnerabilities that force people into begging because of poverty, loss of employment, and social exclusion.

Legal Provisions Concerning Begging

• Article 23 of the Indian Constitution: Prohibits human trafficking, begar (compelled labour), and all other types of exploitation.
• Section 163 of BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023: Empowers the District Magistrate to direct any individual to abstain from an act that may threaten human life or public tranquility.

State Legislations on Begging

• Bombay Prevention of Begging Act (BPBA), 1959: One of the primary legal guidelines criminalizing begging, followed by several states and UTs.
• Rajasthan Rehabilitation of Beggars or Indigents Act, 2012: Focuses on identity, rehabilitation, and vocational education for beggars.

Court Judgements on Begging Laws

• Harsh Mander Case (2018), Delhi High Court: 
• • Struck down components of the BPBA, 1959, which criminalized begging.
  • Declared that penalizing beggars violates their dignity and essential rights under Article 21 (Right to Life).
• Supreme Court Ruling (2021): Dismissed a PIL looking to put off beggars from public areas, declaring that begging is a socio-economic issue, not a crime.

Socio-Legal Implications of Criminalisation of Begging

• Violation of Fundamental Rights

• • • Right to Life and Dignity (Article 21):  The criminalisation of begging disregards the socio-economic compulsions that drive individuals to beg, stripping them of their dignity and livelihood.
    • Equality before Law (Article 14): The laws of criminalisation disproportionately target the marginalised, reinforcing the already-current, extensive, systemic inequalities.
    • Freedom of Movement (Article 19): Any measure aimed at arresting and institutionalising beggars by force restricts their mobility, contrary to constitutional protections.

• Marginalisation of Vulnerable Groups

• • • Beggars are easily some of the most vulnerable of the society: the homeless, the destitute, individuals with disabilities (PwDs), the elderly, and marginalized caste businesses. 

• Overburdened Judicial and Penal Systems

• • • The enforcement of the insensitive anti-begging laws often leads to arbitrary arrests, clogging the judicial system with cases against people whose primary ‘offence’ is being terrible. 

• International Human Rights Violations

• • • India’s anti-begging legal guidelines contravene international obligations under treaties just like the Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social, and Cultural Rights (ICESCR), and so forth.

• Reinforcement of Stigma

• • Labeling beggars as criminals perpetuates social stigma and intergenerational transmission of poverty, undermining efforts to integrate them into mainstream society.

Government Initiatives for Rehabilitation

• SMILE Scheme (Support for Marginalized Individuals for Livelihood and Enterprise)

• • Launched in 2022 by the Ministry of Social Justice and Empowerment.
  • Aims to rehabilitate beggars by offering medical treatment, education, and skill development.
  • 970 people were rehabilitated, including 352 children.
  • The intention is to reap a “beggar-free” India by 2026.
• Central Sector Scheme for Comprehensive Rehabilitation of Persons Engaged in Begging: A sub-scheme under SMILE, focusing on:
  • Shelter homes for beggars.
  • Vocational education to combine them into the staff.
  • Healthcare and social security advantages.

Download as PDF