Laws governing begging in India

In India, there is no central law which penalises begging. Although, 22 states (including few Union
Territories) have their anti-begging laws. The Act which functions as the derivative figure for all the state
anti-begging law is Bombay Prevention of Begging Act, 1959. States which have their own anti-begging
laws are attached in Annex 1.

Let us go back to 2010 when Commonwealth Games were scheduled to take place. A number of beggars
were thrown in jail as per the provisions of anti-begging laws of Delhi. The said law criminalises begging
and provides for the incarceration of people found to be begging. We all know the social definition of
begging. Let us understand what legally constitutes begging.

Definition of begging as per anti-begging law

Soliciting or receiving money, clothes or other things ordinarily given to a beggar, in a public place
whether or not by singing, dancing, fortune telling, performing or offering any article for sale, or

Entering on any private premises for the purpose of soliciting or receiving money, clothes or other things
ordinarily given to a beggar.

Exposing or exhibiting, with the object of obtaining or extorting money, clothes or other things ordinarily
given to a beggar, any sore, wound injury, deformity of diseases whether of a human being or animal

Having no visible means of subsistence and wandering, about or remaining in any public place in such
condition or manner, as makes it likely that the person doing so exist soliciting or receiving money,
clothes or other things ordinarily given to a beggar.

Allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms.

SOLICITING OR RECEIVING MONEY OR FOOD OR GIVEN FOR A PURPOSE AUTHORIZED BY ANY LAW IS
NOT BEGGING.

Provisions of the anti-begging laws are highly arbitrary, the implementation of the law is even more.
Anti-begging squads are to raid public places such as railway stations, temples, mosques, bus terminus,
and arrest anybody who looks poor and homeless. There have been situations where, homeless or
disabled people were perceived to be beggars, based simply on the fact of their homelessness or
disability.

Power of the police to arrest beggars

As per the anti-begging laws of various states in India, an authorised Police officer has the power to
arrest without a warrant any person who is found begging. If a person is found begging inside a private
property, he can only be arrested on a formal complaint by the owner of the property.

After arresting, it is the duty of the Police officer to send the arrested beggar to court.

A beggar arrested is required to be kept in a certified institution as prescribed by the state government.

If the court finds that the person accused was not involved in begging activities he is to be released.

If the court is convinced that the person accused was involved in begging, appropriate punishment will
be given by the court.

Punishment for begging

Punishment can be anywhere between 1 to 3 years. But, if the court is satisfied from the circumstances
of the case that the person found to be a beggar is not likely to beg again, the court might release the
beggar on his assurance of abstinence from begging and being of good behavior.

GROUNDS ON WHICH PUNISHMENT IS DECIDED ARE

Age and character of the beggar,

The circumstances and conditions in which the beggar was living,

Findings made by the Probation Officer

A child who is under the age of five years if found begging, the court will forward the child to a Juvenile
justice tribunal.

Where a person is convicted for the second or subsequent time, he is to be detained for a period of ten
years in a Certified Institution, or his sentence might even increase for further two more years.

Therefore, a total of 12 years in prison might be the punishment when caught begging for the second
time.
Where a cripple, blind or physically handicapped person is detained for beggary, court might further
extend his duration of sentence for the individual good of the physically handicapped beggar.

Begging exists in the form of business too. There are people who employ others for begging purposes.
The employer takes a small token from the money begged by the beggar. The law provides for those
who employ others for begging shall be punished with imprisonment for a term between 1 to 3 years.

Provision for medical examination of beggars who may suffer from leprosy or is lunatic

Where it appears that any beggar detained is of unsound mind or a leper, the beggar might be shifted to
a mental hospital or leper asylum or another place of safe custody, to be kept and treated.

If on the expiration of the term of punishment it is certified by a medical officer that it is necessary for
the safety of the beggar or of others that he should be further detained under medical care or
treatment, the advice of such doctor will be followed.

Is the anti-begging law curative in nature? Can begging be decreased by the provisions of the anti-
begging law?

The anti-begging law provides for the teaching of agricultural and industrial techniques to the beggars in
detention. There are situation wherein a person, although skilled, may be forced to beg due to lack of
employment.

In a survey conducted by the Department of Social Welfare of Delhi University, it was found that about 9
to 10 percent of the beggar were educated till the primary level, 5 percent till the secondary level, and
that six graduates and four post-graduates had resorted to beggary due to lack of employment
opportunities.

Anti-begging laws have invited relatively little judicial attention. Constitutionality of anti-begging
legislations is yet to be decided by the Supreme Court. The only petition filed before the Court
challenging the constitutionality (whether the anti-begging act is a valid law or not) of the Bombay
(Prevention of Begging) Act, 1959, was withdrawn by the petitioner.

Beggars can be categorised into four categories-those who do not wish to work, those unable to work
due to substance addiction, those who may be at the mercy of a begging gang, and lastly, those who
may be destitute and starving. Begging is a constitutionally protected right in the United States.

Ram Lakhan v State (Case dealing with anti-Begging law)

The Delhi High Court moved away from the judicial practice of castigating begging and upheld its
legitimacy through a comparative discourse on the common law doctrines of necessity and duress, as
well as on the principles of equality and liberty embodied in the Constitution. One significant aspect of
Ram Lakhan is that it addresses the issue of begging from the touchstone of Article 19(1)(a), read with
Article 21 of the Constitution, and asserts that unreasonable prohibitions on begging are
unconstitutional in that they invariably deprive beggars of two fundamental rights.
BEGGARY NEW
To begin with, let us first understand what constitutes the meaning of the word "Begging". The Bombay
Prevention of Begging Act of 1959 (hereinafter referred to as "the Act") has defined the term "Begging"
in Section 2(i) of the Act as"

Soliciting or receiving alms, in a public place whether or not under any pretence such as singing, dancing,
fortune telling, performing or offering any article for sale;

entering on any private premises for the purpose of soliciting or receiving alms;

exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound injury, deformity
of diseases whether of a human being or animal;

having no visible means of subsistence and wandering, about or remaining in any public place in such
condition or manner, as makes it likely that the person doing so exist soliciting or receiving alms;

allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;

but does not include soliciting or receiving money or food or given for a purpose authorizes by any law,
or authorized in the manner prescribed by [the Deputy Commissioner or such other officer as be
specified in this behalf by the Chief Commissioner]"

There are a sum total of 22 states which have adopted the Prevention of Begging Act 1959 as a
derivative in absence of any central act for the same cause. All offences under this act are to be tried
summarily except those under Section 11 of the act which penalizes the act of employing or causing
persons to beg or use them for the purposes of begging. The Act elaborates in the aforesaid section that
if any person employs or causes any other person to solicit or receive alms, or whoever having the
custody or charge of the child, connives or encourages, their employment or the causing the child to
solicit or receive alms or uses another person as an exhibit, shall be punished for imprisonment for a
term up to three years but which shall not be less than one year.

Receiving Centers and Certified Institutions are set up by the Chief Commissioner, which may include the
provision for the teaching of agricultural, industrial and other pursuits, and for general education and
medical care of the inmate. As per the regulation of the Act, an Advisory Committee will be constituted
to visit such facilities, tender advice regarding management, collect subscriptions towards expenses and
advice the such facilities through the Chief inspector (for carrying out the purpose of this Act, The Chief
Commissioner may appoint a Chief Inspector, Additional Chief Inspector of Certified Institutions, an
Inspector and such number of Assistant Inspectors and Probation Officer as he think advisable to assist
the Chief Inspector, and every person so appointed to assist the Chief Inspector shall have such of the
powers, and perform such of the duties, of the Chief Inspector as the 1[Chief Commissioner] directs but
shall act under the direction of the Chief Inspector.) Every Receiving Centre shall be inspected by Chief
Inspector, Inspector, Assistant Inspector or a Probation Officer, every six months. The Government has
drafted a bill that seeks to decriminalize beggary and offer a life of dignity to the beggars, homeless and
others who live in poverty or abandonment. Begging is currently a crime under the Bombay Prevention
of Begging, 1959. Under this Act, a person found begging can be sent to a shelter home or even jail
without even a trial. The draft 'The persons in destitution Bill 2015' looks at the issue as a social menace.
Destitution refers to a state of poverty arising from economic or social deprivation and 'persons in
destitution' include the homeless, beggars, and people with physical and mental disabilities, the old and
infirm.

Section 24(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that whoever
employs or uses any juvenile or the child for the purpose of begging or causes any juvenile to beg, can
be imprisoned up to three years and shall also be liable to fine. Those who abet begging are also liable
for the same punishment. Section 363A of Indian Penal Code (IPC) provides for punishment for a person
who kidnaps or maims a minor for purposes of begging. Unauthorized vending/hawking and begging in
trains and Railway premises is an offence under the provisions of Section 144 of the Railways Act, 1989.

Child beggars are treated as children in need of care and protection under the "Integrated Child
Protection Scheme (ICPS)" being implemented by the Ministry of Women and Child Development.
Further, there are many government schemes for destitute men and women so that they do not take to
streets. (For instance, under the Indira Gandhi National Old Age Pension Scheme (IGNOAPS) central
assistance is also provided to States for giving pension to persons above 65 years, living below the
poverty line, @ Rs. 200/- per month, which is meant to be supplemented by at least an equal
contribution by the States.)

TACKLING ORGANIZED CHILD BEGGING

Enforce ban- To control this problem, the Government as well as the Corporation should enforce a ban
on begging. Secondly, arrangements should be made to collect the beggars and place them in poor
homes set up for them.

Partial ban- A total ban on begging as a first step would not be fruitful and not a clever decision.
Rehabilitate them-The Government should also take more effective measures to crush gangs which
thrive on begging in an organized manner. More beggars' homes should be opened where training in
various crafts and trade may be provided.

All-round protection-The following methods may be followed to curb child begging. Provide sex
education for children in the workplace. Laws must be developed and existing laws relating to children
such as drug trafficking laws be scrutinized.

INITIATIVE FOR REHABILITATION OF BEGGARS

PUNE: The union government is mulling over a new centrally-supported initiative for the rehabilitation
of beggars as local self government bodies in India have failed to implement schemes for the same.
Recently a few municipal corporations in Maharashtra including Pune Corporation had launched 'beggar
free city' campaign. However the campaign was abruptly concluded and hardly any beggar was
rehabilitated across the state. The Pune Corporation claims that it has rehabilitated 16 of 479 beggars
that were identified in the city.

BILL TO MAKE BEGGING LEGAL

Under the draft bill, employing a child for begging and any form of organised or syndicate or forced
beggary will be a crime punishable under the Juvenile Justice Act and the Indian Penal Code. Further, the
person found begging will be sent to a rehabilitation centre, for which states have been asked to make
budgetary allocations, the district welfare officer, department of social welfare or the department
handling the issues of destitutes and beggary in states shall be responsible for the supervision,
monitoring and coordination of the implementation of this act in the districts. The director of social
welfare shall be responsible at the state level. The bill, however, is a model legislation that has to be
adopted and notified by states.

The crime of begging is also non-bailable, i.e., the accused has to make an application in court to get out
of jail while the inquiry goes on. The level of awareness regarding free legal representation is very low in
India and activists have often found the quality of representation to be poor. A person accused of
begging would typically have no means to hire legal representation, and would find getting bail very
hard.
Though the model bill does not criminalise begging per se, it allows for people found begging repeatedly
to be detained indefinitely in rehabilitation centres with police assistance, if necessary Further, the bill
envisages the issuance of identity cards which can potentially be used for surveillance purposes. These
provisions could also allow and assist the police to conduct raids and 'clean-up drives', making the
situation not very different from now.

WHAT ABOUT CHILDREN?

State laws on begging differ fundamentally in their approach towards the treatment of children found
begging. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, children found begging
are treated as victims in need of care and protection to be dealt with by child welfare committees whilst
some of the state laws treat them as criminals who can be sent to an institution.

THE SHIFT FROM A PUNITIVE TO REHABILITATIVE APPROACH

By treating beggars simultaneously as criminals and as those in need of help, different State
Governments have failed in their duty to reintegrate them into society, with the result that they usually
end up begging again. Doing so incriminates them again, and the punishment for repeat offences is
higher extending to detention for an indefinite period of time. India's policy-makers must develop a
consistent and humane approach towards begging, which focuses not on penalizing but on rehabilitating
them. The model bill marks a shift towards a more rehabilitative approach, but continues to perceive
ostensible poverty as indicative of begging, and allows indefinite detention and the involvement of
police in certain circumstances.

ONCE A PERSON HAS BEEN DETAINED:

Court ordering the detention shall forthwith forward him to the nearest Receiving Centre with a copy of
the order of detention.

Will be handed over into the custody of the Superintendent of the Receiving Centre and shall be
detained in the Receiving Centre until he is sent there from to a Certified Institution.
When any such person has also been sentenced to imprisonment, the Court passing the sentence of
imprisonment shall forthwith forward a warrant to a jail in which he is to be confined and shall forward
him to such jail with the warrant together with a copy of the order of detention. After the sentence of
imprisonment is fully executed, the officer executing it shall, if detention in a Certified Institution for any
period remains to be undergone by such person, forward him forthwith together with the copy of the
order of detention to the nearest Receiving Centre, and thereupon the provisions of sub-section (1) shall
as far as may be applied.

In case of leprosy patients and lunatics:

Where it appears that any beggar detained is of unsound mind or a leper, the beggar might be shifted to
a mental hospital or leper asylum or another place of safe custody, to be kept and treated.

Where it appears that the beggar has ceased to be of unsound mind, or is cured of leprosy, the Chief
Commissioner shall, by an order direct to the person having charge of the beggar if still liable to be kept
in custody to send him to the Certified Institution from which he was removed or if the beggar is no
longer liable to be kept in custody order him to be discharged.

The provisions of section 31 of the Indian Lunacy Act, 1912, (IV of 1912) or (subject to the provisions of
sub-section (2) of section 14 of the Lepers Act, 1898 (III of 1898) shall apply to every beggar confined in a
mental hospital or leper asylum

Such beggars who have been detained, shall be let go at the end of three months from the
commencement of the release on licence of any person under Section 22 of the said Act, if the Chief
Inspector is satisfied that there is a probability that such person will abstain from begging, recommend
to the Chief Commissioner his unconditional release. The Chief Commissioner may on such
recommendation release such person unconditionally.

PENALTY FOR BEGGING

The court shall order the person found to be a beggar under the last preceding sub-section to be
detained in a Certified Institution for a period of not less than one year, but not more than three years.
Provided that, if the court is satisfied from the circumstances of the case that the person found to be a
beggar as aforesaid is not likely to beg again, it may after due admonition release the beggar on a bond
for the beggar's abstaining from begging and being of good behavior, being executed with or without
sureties as the court may require by the beggar or any other person whom the court considers suitable.
The Court shall have regard to the following considerations, that is to say:- (i) the age and character of
the beggar, (ii) the circumstances and conditions in which the beggar was living, (iii) reports made by the
Probation Officer.
PENALTY AFTER BEING DETAINED FOR BEGGING

The sole purpose of this act and all its derivative acts is to rehabilitate beggars from their current illegal
profession so that they be trained and employed in proper legal professions instead of resorting to
begging.

While many would suggest that this act is archaic, one cannot negate the fact that Beggary is one of the
biggest and most crucial social issues of India. The reasons for beggary range right from Poverty to
Infirmity. Many would agree that it is also used as a method to scam good Samaritans by adhering to
rules of deception to get easy money.

It is important to know that Begging has grown across the country by many folds, but as a citizen of this
society believe that the correct rehabilitation, reformation and restoration of this evil we can overcome
this problem of Beggary.
Beggary in India: A Problem of Great Magnitude - Current Affair for UPSC, IAS, Civil Services and State
PCS Examinations

Why in News?

Providing basic needs (health, shelter, and food) to its citizens is the top most priority of every
government. Whenever, a nation fails to provide these necessities, the number of dependent people
(beggars) increases. An initiative — ‘Har Hath Kalam’ — by a group of 70-odd youngsters is taking
beggars and ragpickers off the streets in Patiala and putting them in schools. They have already
transformed 100 lives in past year.

Introduction

Associated with the problems of poverty and unemployment is the problem of beggary which is a social
problem of great magnitude and grave concern in developing countries. Begging is a problem for society
in as much as a large number of beggars means non utilization of available human resources and drag
upon the existing resources of the society.

Food for Thought

Article 46 of the Constitution of India mandates the state to promote, with special care, the economic
interests of the weaker sections of the society and to protect them from social injustices and other
forms of exploitations. The duty under Article 46 coupled with the right of every individual to a dignified
life under Article 21, casts an obligation upon all the state institutions to work towards ensuring socially
and economically just and equal life to all.

Does that mean fighting the menace of beggary is sole responsibility of the state?

In spite of its rapid economic growth, India is a poverty-driven country, which is also leading to the
growth of beggars in the country. It is well settled that the right to life is the right to live with dignity and
with necessities of life required for it. The social contract between the citizen and the State is a contract
by which in exchange for the citizen ceding her autonomy partially, the State promises her security over
her person and a life with dignity. In our constitutional framework, this is guaranteed by Part III which
enjoins the State not only to protect life but also to advance it, and Part IV which mandates that the
State shall allocate resources so as to further the common good.

Begging Cartel in India

Begging in India has become a big racket in the country. In fact, there are begging cartel in cities like
Delhi, Noida, Gurgaon, Mumbai, Kolkata etc. These gangs have their own gang leaders. Each leader
allots a particular territory for a group of beggars and the day’s earnings are shared among them. It is
very difficult to find out who is a real beggar and who is not because looks are very deceptive. Even the
children with their dirty faces with pleading looks are properly trained to beg and look real. Sometimes
our heart melts when we see a young woman holding her tiny baby, begging on the streets. In most
cases, the baby is found sleeping. This is a scam. Many sting operations have revealed that babies are
rented to give credibility to begging. Sometimes, babies are drugged for the entire day so that they look
sick and they can be easily carried from one area to another by the young women beggars.

Laws Governing Begging in India

In India, there is no central law which penalises begging. Although, 22 states (including few Union
Territories) have their anti-begging laws. The Act which functions as the derivative figure for all the state
anti-begging law is Bombay Prevention of Begging Act, 1959. The act prescribes penalty of more than 3
years of jail in case of first conviction for begging and person can be ordered to be detained for 10 years
in subsequent conviction.

Child Beggars in India

According to a conservative estimate, 3 lakh children across India are forced to beg, using everything
from addiction to drugs, to threats of violence and actual beatings. They form the foot soldiers of what is
a now a multi-million rupee industry led by human trafficking cartels. The Indian National Human Rights
Commission reports that 40,000 children are abducted in India every year, over 25% of whom remain
untraced. It is often assumed that these children belong to families who push them into begging.
Children are abducted (and even in some cases sold to) by anti-social / terror groups and sold to begging
mafia in India. These gangs then deploy these child beggars very far away from their home location so
that they are untraceable. These kids then are taught, tortured, drugged and made to beg at traffic
signals, near temples, hospitals, and plush restaurants.

Sometimes these child beggars in India are even maimed to make them more likely to receive higher
sums of alms. Some doctors in India have even been caught red-handed while taking money against
maiming children for these begging mafia lords. Child trafficking in India is a huge menace and most of
the trafficked children are being sold off to drug lords and begging mafias within India. Some female
children are being sold off in the international markets for prostitution.

Definition of Begging as per Anti- Begging Law

Soliciting or receiving money, clothes or other things ordinarily given to a beggar, in a public place
whether or not by singing, dancing, fortune telling, performing or offering any article for sale.

Entering on any private premises for the purpose of soliciting or receiving money, clothes or other things
ordinarily given to a beggar.

Exposing or exhibiting, with the object of obtaining or extorting money, clothes or other things ordinarily
given to a beggar, any sore, wound injury, deformity of diseases whether of a human being or animal.

Having no visible means of subsistence and wandering, about or remaining in any public place in such
condition or manner, as makes it likely that the person doing so exist soliciting or receiving money,
clothes or other things ordinarily given to a beggar.

Allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms.

Provisions of the anti-begging laws are highly arbitrary, the implementation of the law is even more.
Anti-begging squads are to raid public places such as railway stations, temples, mosques, bus terminus
and arrest anybody who looks poor and homeless. There have been situations where, homeless or
disabled people were perceived to be beggars, based simply on the fact of their homelessness or
disability.

Legality of Bagging
According to the Bombay Prevention of Begging Act, 1959, which criminalize the begging, the provision
not only criminalizes the begging in the Mumbai but also in various metropolitan cities such as Delhi.

However, last year, the Delhi High Court in a landmark judgment has held the Act as unconstitutional in
Delhi, on grounds that it violates Article 14 and Article 21 of the Constitution restoring the rights of
persons who have no other means of sustenance but to seek alms. The court has acknowledged that the
application of the anti-beggary act has largely been arbitrary, leading to the detention the poor who
may not be engaged in begging, but could be people who have “fallen through the socially created net”
— they could be homeless, poor persons living with disabilities, transgender persons, migrant or sex
workers.

The bench of Acting Chief Justice Gita Mittal and Justice C. Harishankar has noted that it is a state whose
duty is to provide a dignified life to its citizens.

About four lakh beggars of India must have heaved a sigh of relief with the Delhi High Court ruling that
seeking alms is not a crime, even as blasting the government for turning a blind eye toward the most
vulnerable and downtrodden section of society. The unprecedented decision to strike down as many as
25 provisions of a bootless, draconian anti-beggary legislation also means instant freedom for hundreds
of panhandlers being prosecuted and dumped into dungeons for months on end.

Causes of Begging in India

The problem of beggary, like any other social problem, is multidimensional. Its roots are found in the
diverse patterns of its interwined and interlocked social fabrics. Various factors which are cited as causes
of beggary can be grouped into following heads:

Physical Factors

In India there is no adequate provision for treatment and social rehabilitation of blind , deaf, dumb or
the physically handicapped. In the absence of any reasonable alternative, such persons are constrained
to beg.
Economic Factors

Economic factors which generally prompt people to take to begging. Among these factors poverty,
unemployment, under-employment and loss of income are important.

Social Factors

Among the social factors, hereditary occupation, family disorganization and widowhood are causes of
begging.

Natural Calamities

Our physical environment may frustrate us drastically at times through famines, earthquakes, drought,
cyclones or floods. Sometimes all these natural calamities cause serious damage to property and
agriculture and compel people to leave their homes and compel them to take to begging to overcome
pangs of hunger.

Psychological Factors

Some times, due to bad psychology of the individual cause beggary Frustration, unwillingness to work
and tendency towards isolation are important among these factors.

Steps Needed to Rehabilitate Beggars

Begging has grown at a significant rate in India. It is estimated that half a million people in India are
beggars. The government, varied organizations, activists claim that many measures have been taken to
abolish begging and it has been successful to a certain extent. But as the citizens of this country, it is our
moral responsibility to stop this menace and the best way is to stop giving alms. Meanwhile, let the
government continue with its poverty alleviation schemes and make India a better place to live in.
Following footsteps may be taken to rehabilitate beggars:

Eradicate Poverty: Priority should be given to eradication of extreme poverty. Though many people take
to begging owing to poverty, it has become a menace. Of late, begging has become part of an organised
crime.

Rehabilitation: Small shelters have to be made and they need to be imparted skills that would help them
land jobs. They should be made to earn their livelihood by working and not begging. The government
and charitable organisations should look after people who are aged and physically challenged.

Best Practices to End Menace of Beggary

In Bihar, Mukhyamantri Bhikshavriti Nivaran Yojna was launched to protect and promote the rights of
beggars by ensuring their care, protection, development, socio-economic and cultural empowerment
through enabling policies and programmes.

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.

Few municipal corporations in Maharashtra including Pune Corporation had launched ‘beggar free city’
campaign.

Vocational Training: The government should provide necessary vocational training to rehabilitate them.
The expenses incurred should be borne by the government. A governmentfunded organisation should
be constituted and personnel trained to oversee the rehabilitation programme. Beggars who are willing
to work should be trained according to their ability, health and talent. The ill should be given medical
care, food and other amenities. Necessary steps should be taken by the government to collect
contributions from donors by allowing tax rebate.

Concerted Effort: Social issues associated with begging are drug trafficking, criminalactivities and sexual
exploitation of children. As part of the rehabilitation programme, the corporation has collaborated with
a voluntary organisation towards providing food, clothing and medicines. To reduce the economic
burden, the government should seek the aid of voluntary organisations. However, the activities of the
voluntary organisations should be monitored and evaluated.

Aid Agency Needed: The rehabilitated should be provided free medical diagnosis, financial support and
ration to the beggars. Slums may come up in cities and rehabilitation should be carried out in a judicious
manner.
Create Awareness: People should discourage beggars. Begging flourishes because people tend to be
generous. Awareness programmes need to be conducted for the poor to help them realise how
shameful it is to beg.

Way Forward

Basic needs of man have traditionally been accepted to be three — food, clothing and shelter. The right
to life is guaranteed in any civilized society. That would take within its sweep the right to food, the right
to clothing, the right to decent environment and a reasonable accommodation to live in.

It remains a hard reality that the State has not been able to ensure even the bare essentials of the right
to life to all its citizens. People beg on the streets not because they wish to, but because they need to.
Begging is their last resort to subsistence, they have no other means to survive. Begging is a symptom of
a disease, of the fact that the person has fallen through the socially created net.

As India is a social welfare state, it is the responsibility of the government to develop policies so that all
its citizens can achieve that wholesome life. India is also part of the International Covenant on Civil and
Political Rights (ICCPR) which has a provision for right to living with dignity and the lack of any concrete
policies to deal with the issue of beggary and homelessness is inconsistent with that provision.
Issues in Beggary

Definition of Beggary

The Act defines beggary as an activity of having no visible means of subsistence, and wandering about or
remaining in any public place in such condition or manner, as makes it likely that the person doing so
exists by soliciting or receiving alms.

However, the provisions of legislation aim to effectively “cleanse” these spaces of individuals who
appear poor or destitute.

Unjust Process

People found “begging” can be arrested without a warrant, and after a summary procedure, thrown into
“Beggars Homes” for anything between a year and three years.

Also, many of these beggars homes are poorly regulated without superintendents, probation officers or
doctors.

Violation of Fundamental Rights

Begging and homelessness are indicators of chronic poverty.

Therefore, criminalising poverty violates basic human dignity.

This coupled with the draconian processes under the Act, violated the right to life and personal liberty
under Article 21 of the Constitution.

Begging is a peaceful method by which a person sought to communicate their situation to another, and
solicit their assistance.

Thus, criminalising begging is violative of Article 19(1)(a)-freedom of speech guarantee.

Criminalising “wandering about” in public spaces (the places that were meant for the enjoyment of
every member of the public without exception), it is violative of Article 19(1)(d)-freedom of movement.

Apart from this, there existed a large number of communities such as the Gujjars and the Bakarwals,
whose very nature of existence moves from place to place, and displaying none of the conventional
means of subsistence.
This would bring them within the ambit of the beggary law.

Failure of Welfare state

Beggary is a manifestation of the fact that the person has fallen through the socially created net.

The government has the mandate to provide social security for everyone, to ensure that all citizens have
basic facilities, and the presence of beggars is evidence that the state has not managed to provide these
to all its citizens.

Case of Punitive Constitutionalism

Punitive constitutionalism seeks to submerge individual rights to a grand yet often undefined national
project by holding that an individual may be stripped of their rights if they do not do their bit to
contribute to this project.

Criminalising begging is explicitly premised upon the “invisiblising” a social problem by criminalising it
(as though poverty is a matter of individual fault).

Recent cases of Punitive Constitutionalism

Laws barring political participation to those who have more than two children (thus submerging the
right to participate in the imperatives of population control).

Similarly barring those people from election who lack formal education.

This effectively makes freedom and equality conditional upon the state’s vision of what a “good citizen”
should be like.

Way Forward

The Centre made an attempt at repealing the Act through the Persons in Destitution (Protection, Care
and Rehabilitation) Model Bill, 2016, with provisions including doing away with the Beggary Act and
proposing rehabilitation centres for the destitute in each district.

Persons in Destitution Bill, 2016, needs to see the light of the day.

Bihar government’s Mukhyamantri Bhikshavriti Nivaran Yojana is a scheme worth emulation.

The scheme, instead of detaining persons under the Act, open homes were set up and community
outreach for destitute persons was put in place.

Now, rehabilitation centres have been set up, with facilities for treatment, family reintegration and
vocational training.

The very real problem of organised begging rackets will have to be addressed by other means, perhaps
based on the law of trafficking.
Begging in India for Poverty

Begging is one of the most serious social issues in India. In spite of its rapid economic growth, India is a
poverty-driven country, which is also leading to the growth of beggars in the country. Most of them
come from Bangladesh and some of them are from India. There are few beggars in the country who
actually are the real ones, who beg because they are handicapped, because of their inability to work or
because they are old or blind or because they really need money for basic needs. There are many others
who live far below the poverty line and opt for begging to earn their livelihood.

In some cases, we find the entire family is involved in begging. The family members keep on increasing
with marriage and birth and each of them gets into begging on streets or temples. Children of such
families do not go to school but only beg. They have to do begging because their family’s income is not
enough to feed the entire family in a day. Here, poverty is one big reason for such a situation. But at the
same time, begging is not the solution for such a situation.

Begging in India as a scam

But poverty is just one side of the story. Poverty is real in India but not begging. Begging in India has
become a big racket in the country. For many, begging is just like any other profession. They go out to
earn money, not by working, but by begging. In fact, there are begging gangs in cities like Delhi, Noida,
Gurgaon, Mumbai, Kolkata etc. These gangs have their own gang leaders. Each leader allots a particular
territory for a group of beggars and the day’s earnings are shared among them. The gang leader keeps
the larger share. These beggars are so involved in begging that they don’t want to work elsewhere. It’s
strange but true that some of these beggars earn in thousands and lakhs, much more than a normal
middle class worker.

It is very difficult to find out who is a real beggar and who is not because looks are very deceptive. Even
the children with their dirty faces with pleading looks are properly trained to beg and look real.
Sometimes our heart melts when we see a young woman holding her tiny baby, begging on the streets.
In most cases, the baby is found sleeping. This is a scam. Many sting operations have revealed that
babies are rented to give credibility to begging. Sometimes, babies are drugged for the entire day so that
they look sick and they can be easily carried from one area to another by the young women beggars.

The beggars are trained to become very persistent while begging that you are bound to give them
money. This is especially true for foreigners when they do not know how to react in such situations and
ultimately give money to the beggars. Some of the young beggars also become anti-social elements of
the country. They get into drugs. To buy drugs, they start with begging first, then slowly graduate to pick
pocketing and then move on to bigger scams like robbing and killing.

What should we do?

Begging has grown at a significant rate in India. It is estimated that half a million people in India are
beggars. The government, varied organizations, activists claim that many measures have been taken to
abolish begging and it has been successful to a certain extent. But the trend of begging still continues.
We are also to be blamed. We as Indians are very orthodox, God-fearing and have a religious frame of
mind. This compels us to do charity. And one easy way is to visit a nearby temple and give alms to the
beggars there.

But as the citizens of this country, it is our moral responsibility to stop this menace and the best way is
to stop giving alms. It might seem that we are very heartless in not giving money to a little child begging
on the street, but this is one step that we can take to prevent begging. If more and more people come
out and take a pledge that they are not going to give a single penny to any beggar, irrespective of their
need, I am sure, beggary will then be completely uprooted from our country. Meanwhile, let the
government continue with its poverty alleviation schemes and make India a better place to live in.
Begging in India has been an age-old issue. Country’s poor, who are usually unable to get jobs, have to
take up begging for earning livelihood. The government has come out with the total number of beggars
in the country. As per the data released by Union ministry of Social Justice, there are around 4 lakh
beggars in total.

The highest number of beggars, 81,000, are in West Bengal. Lakshadweep, a union territory, has only
two people begging for their livelihood. West Bengal is followed by Uttar Pradesh and Bihar at number
two and three respectively. The figures were given by Social Justice Minister Thawar Chand Gehlot in a
written reply to Lok Sabha.

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As per the minister’s statement, a total number of 4,13,670 beggars are residing in India, including
2,21,673 males and 1,91,997 females beggars in the country. The data, based on 2011 census, says
female beggars outnumber their male counterparts in the states of West Bengal, Assam and Manipur.

State-wise list of India’s begging population

https://indianexpress.com/article/explained/muslims-polpulation-in-india-muslims-beggar-
unemployment-census-data-muslim-economic-survey-2941228/

West Bengal, topping the chart with 81,224 beggars, was followed by Uttar Pradesh (65,835), Andhra
Pradesh (30,218), Bihar (29,723). Madhya Pradesh ( 28,695) and Rajasthan (25,853) are at number five
and six in the list.

The government data show there are lesser number of beggars in Union Territories. While Lakshadweep
has only two beggars, Dadra Nagar Haveli, Daman and Diu and the Andaman and Nicobar islands have
only 19, 22 and 56 beggars respectively. Among the union territories, New Delhi had the largest number
of beggars 2,187 followed by 121 in Chandigarh. Among the northeastern states, Asam topped the chart
with 22,116 beggars, while Mizoram ranked low with 53 beggars.

The alleviation of beggars falls under the purview of social justice ministry. Begging and poverty are age
old issue in India. Recently, Rahul Gandhi-led Congress party promised that it would set up a ‘national
poverty alleviation fund’ and impose a 5 per cent cess on the incomes of the top 1 per cent richest
Indians if it was voted to power in 2019.