Criminalisation of begging in India

• The criminalisation of begging in India is rooted in colonial laws that sought to just regulate and control marginalised sections of the population instead of addressing the socio-economic challenges associated with them. Post-independence, many states adopted the colonial-era legal framework without incorporating the realities of the larger issue of begging.

Understanding Beggary in India

• The Constitution of India, under the Concurrent List, empowers both the Union and state governments to enact laws concerning “vagrancy, nomadic and migratory tribes” (List III, Entry 15).
• The Bombay Prevention of Begging Act, 1959, identifies “begging” not only as the act of soliciting alms but also as activities like performing on the streets; selling items to earn a livelihood; or merely appearing destitute with no visible means of subsistence.
• As per Census 2011, India is home to a total of 4,13,670 beggars and vagrants, comprising 2,21,673 males and 1,91,997 females. Among states, West Bengal tops the list with a significant count of 81,244 individuals, followed by Uttar Pradesh.
• The term “vagrant” originates from the colonial era, rooted in English poor laws. It reflects the belief that able-bodied individuals among the poor should be compelled to work rather than remain idle.

Colonial Legacy of Criminalisation of Begging

• No Federal Law on Begging: India lacks a national law for begging. The Bombay Prevention of Begging Act, 1959 is the main law, imposing penalties like detention in beggar homes.
• Colonial Laws on Vagrancy: The British introduced laws to criminalise the poor, especially beggars, under Vagrancy Acts.
  1. Bengal Vagrancy Act, 1943: Defined beggars as those seeking alms or found in public spaces without means of support.
  2. Cochin Vagrancy Act, 1945: A similar law to target the homeless and beggars.
• Workhouse System: Colonial India used workhouses to confine beggars, treating them as criminals rather than addressing the causes of poverty.
• Focus on Social Control: Colonial laws aimed to segregate “undesirable” populations and control social order through punitive measures like incarceration.
• Continuing Impact: Post-independence laws inherited this colonial mindset, focusing on punishment over rehabilitation, which still influences current approaches to begging.

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-existing, wide, systemic inequalities.
• Freedom of Movement (Article 19): Any measure aimed at arresting and institutionalising beggars through 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, persons with disabilities (PwDs), the elderly, and marginalised caste groups. Criminalisation compounds their exclusion, pushing them furter into vicious cycles of poverty and stigma.

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 individuals whose primary ‘offence’ is being poor. The Incarceration of beggars in the facility-less “rehabilitation homes” often lacks any sustainable rehabilitation, becoming de facto detention centers.

International Human Rights Violations

• India’s anti-begging laws contravene international obligations under treaties like the Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social, and Cultural Rights (ICESCR), etc. which emphasise dignity, non-discrimination, inclusion, mobility & social security for all.

Reinforcement of Stigma

• Labeling beggars as criminals perpetuates social stigma and intergenerational transmission of poverty, undermining efforts to integrate them into mainstream society. It reinforces stereotypes of beggars as unproductive, useless & undeserving, belittling their structural vulnerabilities and their very existence.

Judicial Interventions in the Issue of Begging

• Indian courts have played a significant role in addressing the criminalisation of begging, focusing on the protection of fundamental rights and the socio-economic causes underlying the issue:
  1. Harsh Mander v. Union of India (2018): The Delhi High Court invalidated specific provisions of the Bombay Prevention of Begging Act, ruling them unconstitutional as they infringed on the fundamental rights of vulnerable individuals.
  2. Supreme Court Observations (2021): The Supreme Court declined to ban begging and emphasised its socio-economic roots, urging the Centre and Delhi governments to address the issue through COVID-19 vaccination and rehabilitation measures.
• While these interventions mark progress, they remain isolated efforts, falling short of driving systemic and comprehensive reforms to address the issue holistically.

Inclusive Measures to Address the Issue

Decriminalisation of Begging

• Repeal anti-begging laws: Eliminate laws that criminalise poverty and begging.
• Adopt welfare-oriented frameworks: Replace punitive measures with policies addressing the root causes of begging.

Comprehensive Survey and Identification

• Standardised survey: Develop a uniform survey format under the Ministry of Social Justice & Empowerment (MoSJE) to gather detailed data on individuals engaged in begging.
• National database: Create and maintain an online portal for updating the social, mental, and physical status of individuals.
• Shelter homes under SMILE Scheme: Under the SMILE Scheme, relocate identified individuals to shelter homes, register them as residents, and issue identity cards through local authorities.

Strengthening Social Security Measures

• Expand Safety Nets: Improve access to public distribution systems, universal healthcare, pension schemes, affordable housing, and employment opportunities for marginalised groups.
• Targeted Financial Assistance: Provide direct financial support to vulnerable populations, including the elderly and physically disabled, ensuring their basic needs are met.
• Effective Scheme Implementation: Ensure robust execution of key welfare programs such as the Universal Health Insurance Scheme (UHIS), National Rural Health Mission (NRHM), and Rashtriya Swasthya Bima Yojana.

Community-Based Rehabilitation

• Skill Development and Employment: Establish centres for vocational training, basic education, & mental health support, while collaborating with industries to enhance employability and opportunities.
• Local Partnerships: Partner with local businesses to integrate individuals into the workforce and promote sustainable livelihoods.

Public Awareness Campaigns

• Community sensitisation: Educate the public on the adverse effects of encouraging beggary.
• Alternative contributions: Promote donations to credible charities or support for community development projects.

Integrated Policy Framework

• Address root causes: Formulate policies targeting homelessness, unemployment, and social exclusion.
• Inter-ministerial coordination: Synchronise efforts across ministries like Social Justice, Urban Affairs, and Labour for holistic solutions.

Education and Rehabilitation for Children

• Rescue and rehabilitation: Design programs to rescue children involved in begging and provide them with a supportive environment.
• Access to education: Partner with local NGOs and educational institutions to ensure schooling and skill development.

Legislative Reform

• Human Rights-Oriented Laws: Enact legislation aligned with constitutional principles, focusing on empowerment rather than penalisation.
• Anti-Human Trafficking Measures: Recognise forced begging as a root cause of trafficking, penalise perpetrators, and safeguard victims.
• Accountability Mechanisms: Establish monitoring and evaluation systems to prevent misuse of laws and ensure effective implementation.

Support for Marginalised Individuals for Livelihood and Enterprise (SMILE)

• The SMILE scheme is an initiative by the Ministry of Social Justice and Empowerment aimed at the rehabilitation of individuals engaged in begging. The scheme focuses on providing comprehensive support to reintegrate them into mainstream society.
• Objective: The ultimate goal is to create a BhikshaVrittiMukt Bharat (Begging-Free India) through comprehensive rehabilitation, ensuring that beggars lead a life of dignity, self-respect, & self-confidence.
• Key Components of the Scheme:
  1. Rehabilitation Focus: Aimed at rehabilitating people involved in begging through various welfare measures.
  2. Medical & Counseling Support: Provision of medical assistance, counseling, and mental health support for beggars.
  3. Education & Skill Development: Offering educational opportunities and skill-building programs to make individuals self-reliant.
  4. Collaborative Implementation: The scheme will be executed in partnership with State/UT Governments, District Administration, Urban Local Bodies, and NGOs.
  5. Convergence Approach: Ensures coordinated action and involvement of multiple stakeholders for effective implementation.

Case Studies of Progressive Approaches to Address Begging and Poverty

1. Odisha: Provides housing, insurance, IDs, healthcare, and vocational training for beggars.
2. Maharashtra: Launched “Beggar-Free City” campaigns in cities like Pune.
3. Bihar: Mukhyamantri Bhikshavriti Nivaran Yojna ensures the care, protection, and socio-economic empowerment of beggars.
4. Other Initiatives: Kerala’s Kudumbashree empowers women through SHGs for microfinance and skill development, while Delhi expands night shelters and skill programs to combat homelessness & poverty.

Way Forward

• Comprehensive Rehabilitation: Establish city-specific centers offering shelter, healthcare, skill development, and counseling, in collaboration with NGOs.
• Targeted Support for Vulnerable Groups: Provide specialised interventions like childcare, education, and vocational training for women and children, and geriatric care for the elderly.
• Livelihood Creation: Strengthen livelihood programs by linking beneficiaries with local industries, self-help groups, and CSR initiatives for employment.
• Technology Integration: Use the national portal and mobile app for real-time monitoring, data management, and resource allocation.
• Awareness Campaigns: Launch campaigns to educate citizens about the causes of beggary and encourage community participation.
• Policy and Legal Reforms: Enforce anti-trafficking laws to dismantle organized syndicates and ensure inclusion through social policies.
• Sustainable Resettlement: Provide long-term housing solutions and introduce social security measures to prevent relapse into beggary.

PM Modi’s vision of “Bhiksha Mukt Bharat” seeks to restore dignity and self-reliance to the marginalised, fostering an inclusive society. India must adopt a rights-based approach, supported by legal reforms and societal attitude shifts while prioritising structural interventions to address the root causes of marginalisation & poverty.

Reference: Indian Express

PMF IAS Pathfinder for Mains – Question 35

Q. Critically analyse the colonial legacy and socio-legal implications of criminalising begging in India. Suggest inclusive measures for addressing the issue. (250 Words) (15 Marks)

Approach

• Introduction: Briefly explain the issue of criminalising begging in India and its historical context.
• Body: Highlight the colonial legacy and the socio-legal implications of criminalisation of begging in India, followed by suggestions for inclusion of beggars in the society
• Conclusion: Reiterate the need for inclusive measures and a rights-based framework to replace colonial-era punitive laws.