India’s anti-begging laws, rooted in colonial-era policies, continue to criminalize poverty instead of addressing its root causes, highlighting the urgent need for a shift towards rehabilitation and social justice.
NEW DELHI: Recently, the Bhopal district collector issued an order imposing a complete ban on begging in all public places within the district’s jurisdiction.
The decision follows Indore’s recent crackdown on begging, which introduced strict measures, including the registration of FIRs against violators from January 1. Indore authorities have enforced a strict prohibition on both giving and receiving alms, as well as purchasing goods from beggars. This initiative aims to rehabilitate beggars and eliminate the practice altogether. Several FIRs have already been registered in Indore after reports surfaced of residents offering alms to beggars.
Following Indore’s lead, Bhopal district officials stated that the ban was prompted by reports from newspapers and other sources highlighting the increasing prevalence of begging at traffic signals, intersections, religious sites, tourist spots, and other public spaces.
The order states that :
“Individuals who engage in begging, whether alone or with their families, not only defy government directives aimed at eliminating the practice but also obstruct public movement and traffic.”
The administration further noted that
“many of these individuals come from other states and cities, with some having criminal backgrounds.”
Additionally, authorities stated that a
“significant number of beggars are reportedly involved in substance abuse or other illicit activities, while organized begging networks often serve as fronts for criminal operations.”
They also highlighted the heightened
“risk of accidents at traffic signals due to beggars obstructing the roads.”
Recognizing begging as a social issue, the government has periodically issued directives to curb the practice, officials said. Exercising its authority under Section 163 of the BNS, the administration has now
“enforced a strict ban on all forms of begging across the district.”
A Bhopal district official added:
“the order also prohibits giving alms to beggars or purchasing goods from them, warning that violators—both beggars and those supporting them—will face legal action under Section 223 of BNS.”
This provision allows for imprisonment of up to one year, a fine of up to Rs 2,500, or both.
Colonial Legacy of Criminalizing Poverty
The recent ban on begging in Bhopal echoes India’s colonial-era policies that targeted marginalized communities. Under British rule, laws like the Anti-Begging Act and the Criminal Tribes Act were used to penalize the poor, effectively punishing them for their economic distress while depriving them of opportunities to improve their circumstances.
Unfortunately, despite India’s independence, several states retained these restrictive laws. According to the Press Information Bureau (PIB), 20 states and 2 union territories still have anti-beggary laws in place. The most prominent among them is the Bombay Prevention of Begging Act, 1959, which served as a model for similar laws across multiple states.
More recently, these laws were actively enforced during the G-20 Summit to “cleanse” the streets, ensuring that India’s urban landscape projected an idealized image for international delegates.
Lack of Clear Definition of ‘Begging’
The problem with these anti-begging laws is not only their existence but also the absence of a clear definition of what constitutes ‘begging.’ This ambiguity has led to the arrest of not just beggars but also individuals offering them alms.
For instance, in Indore, authorities have taken a strict stance by penalizing those who provide money to beggars. A recent case saw a man booked for giving small change to a beggar near a temple, highlighting the indiscriminate application of the law.
Judicial Interventions: Protecting the Rights of the Marginalized
- Delhi High Court’s Landmark Judgment (2018)
In Harsh Mander v. Union of India, the Delhi High Court became the first in the country to challenge the criminalization of begging. It declared several sections of the Bombay Prevention of Begging Act, 1959 (which was also applicable in Delhi) unconstitutional, effectively decriminalizing begging in the national capital.
The bench comprising then Acting Chief Justice Gita Mittal and Justice C Hari Shankar made a significant observation:
“People do not beg on the streets out of choice, but out of necessity. For many, begging is a last resort for survival, with no alternative means to sustain themselves. It is the government’s responsibility to provide social security and ensure basic amenities for all citizens. The very presence of beggars highlights the state’s failure to meet these obligations.”
However, the court retained certain provisions where coercion or forced begging remained a criminal offense, such as Section 11, which penalizes those who exploit others for begging.
- Jammu and Kashmir High Court’s Stand on Anti-Begging Laws
The Jammu and Kashmir High Court took a similar progressive stance, striking down the region’s anti-begging law. The court ruled that:
- Beggars should not be treated as threats to public order but rather as victims of extreme poverty.
- Their presence serves as a reflection of the state’s failure to ensure even the most basic necessities for its citizens.
- Begging is a form of expression protected under Article 19(1)(a) of the Constitution, allowing individuals to communicate their distress and seek assistance peacefully.
- The law did not criminalize begging but rather criminalized poverty itself, making it an unjust measure against those already suffering.
Government Programmes in Place: A Shift Towards Rehabilitation
Despite the persistence of regressive anti-begging laws across India, the Rajasthan model offers a progressive alternative that prioritizes rehabilitation over criminalization. Unlike the Bombay Prevention of Begging Act, which treats begging as an offense punishable by detention, the Rajasthan Rehabilitation of Beggars or Indigents Act, 2012, decriminalizes begging entirely, focusing instead on skill development and reintegration into society.
By addressing root causes such as poverty, unemployment, and social marginalization, Rajasthan’s approach fosters self-sufficiency and dignity rather than punishment. Similarly, Bihar’s Mukhyamantri Bhikshavriti Nivaran Yojana empowers beggars to transition into entrepreneurship and civic participation, equipping them with financial assistance, Aadhaar cards, and bank accounts to facilitate self-reliance.
With 18 individuals already benefiting from this initiative, such models highlight the urgent need for a nationwide shift from punitive to rehabilitative measures in addressing the issue of begging.
The Need for a Nationwide Implementation of Progressive Reforms
Several states have introduced progressive provisions aimed at rehabilitating beggars rather than criminalizing them. However, these reforms need to be implemented across the country to ensure a uniform and humane approach.
The Proposed Persons in Destitution (Protection, Care, and Rehabilitation) Bill
In 2016, the Central Government proposed the Persons in Destitution (Protection, Care, and Rehabilitation) Model Bill. This Bill was designed to serve as a guiding framework for states and union territories, allowing them to adopt and modify it based on local needs.
The Bill marked a significant shift from the punitive measures found in traditional anti-begging laws to a rehabilitative and welfare-driven approach.
Key Features of the Model Bill
- Moving from Punishment to Rehabilitation
Unlike existing anti-begging laws that treat beggars as criminals, the model Bill focuses on rehabilitation. While it does not completely decriminalize begging, it reserves penal action only for repeat offenders, thereby reflecting a more compassionate and understanding stance.
- Protection of Dependents
One of the major drawbacks of the Bombay Prevention of Begging Act and similar laws is the detention of dependents of beggars, which worsens their socio-economic conditions.
- The model Bill ensures that family members and dependents of beggars will not be detained or penalized, preventing unnecessary legal repercussions for already vulnerable individuals.
- Establishment of Rehabilitation Centers
To ensure long-term solutions, the government is tasked with creating dedicated rehabilitation centers under this Bill. These centers would:
- Offer vocational training to help individuals gain employable skills.
- Provide counseling and psychological support to facilitate social reintegration.
- Encourage self-reliance by equipping affected individuals with the means to lead lives of dignity.
- Preventing Misidentification and Harassment
The Bill includes measures to prevent destitute individuals from being wrongly classified as beggars. This is crucial because many homeless individuals or informal workers are often misidentified as beggars and subjected to legal action.
- Public awareness campaigns would be conducted to educate citizens and law enforcement about the distinction between beggars and destitute individuals, reducing cases of unnecessary harassment.
- Aligning with International Human Rights Norms
The existing anti-begging laws in India have been criticized for violating international human rights standards. The model Bill seeks to bridge this gap by:
- Ensuring humane treatment of those engaged in begging.
- Promoting social welfare programs instead of punitive actions.
- Encouraging states to adopt policies that align with global best practices for poverty alleviation and social protection.
The Unexplained Abandonment of the Bill
Despite its progressive framework, the Persons in Destitution Bill, 2016, was never implemented. The reasons for dropping the Bill remain unclear, as there is no official record explaining why it was discontinued.
In 2021, BJP MP Varun Gandhi inquired about the Bill, seeking clarity on its status. The Union Minister of Social Justice and Empowerment responded, stating that the Bill was not being proposed for adoption by the states. However, no substantive reason was provided for its withdrawal.
The Urgent Need for Reviving the Bill
Given the widespread social and legal challenges surrounding the issue of begging in India, the Persons in Destitution Bill, 2016, must be revived.
- The Bill presents a far more humane and constructive approach compared to the colonial-era anti-begging laws still in force.
- It ensures that begging is not treated as a criminal offense, but rather as a symptom of deeper socio-economic issues that require systemic intervention.
- Its emphasis on vocational training, counseling, and awareness programs provides a long-term solution rather than temporary crackdowns that fail to address the root causes of begging.
A humane and effective approach to addressing begging in India requires a fundamental shift from punitive measures to rehabilitation and social reintegration.
While outdated laws like the Bombay Prevention of Begging Act continue to criminalize poverty, progressive models in Rajasthan and Bihar demonstrate that providing education, skill development, and financial support can restore dignity and self-sufficiency to vulnerable individuals. Instead of treating beggars as offenders, the government must recognize them as citizens in need of support and implement policies that address the root causes of destitution.
By adopting a nationwide rehabilitative framework, India can move towards a more compassionate and inclusive society where poverty is eradicated not through punishment, but through empowerment.
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