Context Delhi High Court decriminalized beggary by striking down certain

sections of the Bombay Prevention of Beggary Act, 1959, as extended to

Delhi. Background

The act of begging is a crime in 20 states and two union territories of

India. It is treated as cognizable and non-bailable offense.

Currently, there is no central law on begging & destitution and most

states have adopted the Bombay Prevention of Begging Act, 1959

Fact sheets

India has 4,13,670 beggars in 2015 (Census 2011)

West Bengal has top the list of 81,000 beggars

Some studies indicate that 99 percent men and 97 percent women

resort to beggary.

This number fell 41% since the last Census of 2001, which recorded the
number of beggars at 6.3 lakh.

Context Delhi High Court decriminalized beggary by striking down certain

sections of the Bombay Prevention of Beggary Act, 1959, as extended to
Delhi. Background

The act of begging is a crime in 20 states and two union territories of

India. It is treated as cognizable and non-bailable offense.

Currently, there is no central law on begging & destitution and most

states have adopted the Bombay Prevention of Begging Act, 1959

Fact sheets
 India has 4,13,670 beggars in 2015 (Census 2011)

West Bengal has top the list of 81,000 beggars

Some studies indicate that 99 percent men and 97 percent women

resort to beggary.

This number fell 41% since the last Census of 2001, which recorded the
number of beggars at 6.3 lakh.

Problem Caused by Beggary

Economic Burden

Drug Abuse

Trafficking

Organized Crime

Child Related Crimes

Prostitution

Social Attitude towards beggar

Negative attitude because they are poor and lazy people and lives on
the other sympathy.

They are treated as drug trafficker and child lifter etc.

It is believed that, beggars are obstacle to tourism and a scar on highly

developed cities.

In rural areas they sometime treated as untouchables as well.

Bombay Prevention of Begging Act, 1959

Its aim is to remove beggars from their current illegal profession so that
they may be detained, trained and eventually employed elsewhere

The Bombay Prevention of Begging Act, 1959 criminalizes begging.

Beggars may be arrested without warrant

They can be sentenced to jail without trial or may be sent to shelter

homes/certified institutions

The punishment tenure for beggary ranges from 3-10 years in jail

Court may order detention of persons wholly dependent on beggar

Penalty for employing or causing persons to beg or using them for

purposes of begging

Provision for the teaching of agricultural, industrial and other pursuits,

and for general education and medical care of the inmates of the
Receiving Centres/Certified Institutions

Also, every person detained in certified institutions “shall at any time

allow his finger prints to be taken”. This is violation of fundamental
right

As per the act, if any beggar detained in a Certified Institution is found

to be of unsound mind or a leper, s/he can be ordered to be removed
to a mental hospital or leper asylum as per provisions of the Indian
Lunacy Act, 1912 and of the Lepers Act, 1898

Issues with Act

 Definition of begging under the act is vague. No distinction between
Beggars and Homeless.

Harsher implication on beggary without any proper rehabilitation

measures

It gives discretionary powers to thepolice to arrest.

Under Article 21 of the Constitution, every beggar or juvenile has a

fundamental right to live. It is state responsibility to provide an
alternative routes of earning for them

It also criminalizes people who make earning by singing, dancing etc.

It violates the right of children and contradicts the protective provision

of juvenile Justice act

Juvenile justice act identifies child beggars as “children in need of

care and protection” and provides for their rehabilitation and re-
integration in the society

There is no rule regarding right to receive training and education

Issue with certified institution. Act gives Certified institutions absolute

power over detainees, including the power of punishment, and the
power to exact “manual work”

The person in destitution (protection, care and rehabilitation) model bill,

2016

It cover the rights of all destitute – homeless, persons with mental and
physical disabilities, beggars, old and the infirm – who are above the
age of 18
 It decriminalized beggary except for repeat offences.

The bill also proposes to establish separate rehabilitation centers for

women and differently abled destitute

Employing a child for begging will be a crime punishable under the

Juvenile Justice Act and the Indian Penal Code.

States would have to establish rehabilitation centers

Provide vocational training or skill development

constitute a monitoring and advisory board to coordinate

implementation of the schemes and advise the government on matters
related to care, protection, welfare and rehabilitation of destitute

However this draft proposal is currently dropped by the government

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

In this case Hon’ble Court has critically analyzed every situation of a

beggar from legal, social and ethical point of view

Contrary to Bombay act 1959, judgment has classified beggars into 4

categories viz; -

Down-right lazy who doesn’t want to work

Alcoholic or drug-addict

Forced by a ring leader of a beggary “gang”

Starving, hopeless and helpless

 Judge says that people falling under 3rd and 4th category are doing the
act under a necessity and thus those should not be convicted for the
act which they are not performing voluntary.

The provision is also contrary to the fundamental right of freedom of

speech and expression (Art 19)

Delhi HC judgment

Delhi High Court decriminalized beggary by striking down certain

sections of the Bombay Prevention of Beggary Act, 1959, as extended
to Delhi

The order is the first in the country to strike down provisions of the
1959 Act.

Court held that Begging Act violated Article 14 (equality before law)
and Article 21 (right to life and personal liberty) of the Constitution.

Court also observes that under article 21 it is states responsibility to

provide quality life to its citizen. State cannot penalize people for
begging due to poverty

Various provision are struck down including those permitting the arrest
without a warrant

The court has not struck down Section 11, which addresses forced
begging or “begging rackets”

Critics argue that this judgment undo legacies of injustice and consider
all individuals and communities as equal citizen

Best Practices Odisha: 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 Maharashtra - Few
municipal corporations in Maharashtra including Pune Corporation had
launched 'beggar free city' campaign. Bihar-
MukhyamantriBhikshavritiNivaranYojna to protect and promote the rights of
beggars by ensuring their care, protection, development, socio-economic
and cultural empowerment through enabling policies and programmes.
MBNY is a Bihar state govt. scheme. Way forward

A law is needed which respects the dignity of the destitute rather than
penalizes them for being poor. The government must bring legislation
to decriminalize beggary

Government should also adopt a proper mechanism for identification

and rehabilitation of beggars

A follow up action should also be adopted for the beggars who are
coming out of rehabilitation center to assist in any challenges faced by
them in integrating with the mainstream society

Police should take action against the begging rackets

The government should engage different stakeholders such as NGOs

working with street children, traffic policemen etc. to eradicate beggary
especially child beggary

Problem Caused by Beggary

Economic Burden

Drug Abuse

Trafficking
 Organized Crime

Child Related Crimes

Prostitution

Social Attitude towards beggar

Negative attitude because they are poor and lazy people and lives on
the other sympathy.

They are treated as drug trafficker and child lifter etc.

It is believed that, beggars are obstacle to tourism and a scar on highly

developed cities.

In rural areas they sometime treated as untouchables as well.

Bombay Prevention of Begging Act, 1959

Its aim is to remove beggars from their current illegal profession so that
they may be detained, trained and eventually employed elsewhere

The Bombay Prevention of Begging Act, 1959 criminalizes begging.

Beggars may be arrested without warrant

They can be sentenced to jail without trial or may be sent to shelter

homes/certified institutions

The punishment tenure for beggary ranges from 3-10 years in jail

Court may order detention of persons wholly dependent on beggar

Penalty for employing or causing persons to beg or using them for

purposes of begging
 Provision for the teaching of agricultural, industrial and other pursuits,
and for general education and medical care of the inmates of the
Receiving Centres/Certified Institutions

Also, every person detained in certified institutions “shall at any time

allow his finger prints to be taken”. This is violation of fundamental
right

As per the act, if any beggar detained in a Certified Institution is found

to be of unsound mind or a leper, s/he can be ordered to be removed
to a mental hospital or leper asylum as per provisions of the Indian
Lunacy Act, 1912 and of the Lepers Act, 1898

Issues with Act

Definition of begging under the act is vague. No distinction between

Beggars and Homeless.

Harsher implication on beggary without any proper rehabilitation

measures

It gives discretionary powers to thepolice to arrest.

Under Article 21 of the Constitution, every beggar or juvenile has a

fundamental right to live. It is state responsibility to provide an
alternative routes of earning for them

It also criminalizes people who make earning by singing, dancing etc.

It violates the right of children and contradicts the protective provision

of juvenile Justice act
 Juvenile justice act identifies child beggars as “children in need of
care and protection” and provides for their rehabilitation and re-
integration in the society

There is no rule regarding right to receive training and education

Issue with certified institution. Act gives Certified institutions absolute

power over detainees, including the power of punishment, and the
power to exact “manual work”

The person in destitution (protection, care and rehabilitation) model bill,

2016

It cover the rights of all destitute – homeless, persons with mental and
physical disabilities, beggars, old and the infirm – who are above the
age of 18

It decriminalized beggary except for repeat offences.

The bill also proposes to establish separate rehabilitation centers for

women and differently abled destitute

Employing a child for begging will be a crime punishable under the

Juvenile Justice Act and the Indian Penal Code.

States would have to establish rehabilitation centers

Provide vocational training or skill development

constitute a monitoring and advisory board to coordinate

implementation of the schemes and advise the government on matters
related to care, protection, welfare and rehabilitation of destitute

However this draft proposal is currently dropped by the government

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

In this case Hon’ble Court has critically analyzed every situation of a

beggar from legal, social and ethical point of view

Contrary to Bombay act 1959, judgment has classified beggars into 4

categories viz; -

Down-right lazy who doesn’t want to work

Alcoholic or drug-addict

Forced by a ring leader of a beggary “gang”

Starving, hopeless and helpless

Judge says that people falling under 3rd and 4th category are doing the
act under a necessity and thus those should not be convicted for the
act which they are not performing voluntary.

The provision is also contrary to the fundamental right of freedom of

speech and expression (Art 19)

Delhi HC judgment

Delhi High Court decriminalized beggary by striking down certain

sections of the Bombay Prevention of Beggary Act, 1959, as extended
to Delhi

The order is the first in the country to strike down provisions of the
1959 Act.

Court held that Begging Act violated Article 14 (equality before law)
and Article 21 (right to life and personal liberty) of the Constitution.
 Court also observes that under article 21 it is states responsibility to
provide quality life to its citizen. State cannot penalize people for
begging due to poverty

Various provision are struck down including those permitting the arrest
without a warrant

The court has not struck down Section 11, which addresses forced
begging or “begging rackets”

Critics argue that this judgment undo legacies of injustice and consider
all individuals and communities as equal citizen

Best Practices Odisha: 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 Maharashtra - Few
municipal corporations in Maharashtra including Pune Corporation had
launched 'beggar free city' campaign. Bihar-
MukhyamantriBhikshavritiNivaranYojna to protect and promote the rights of
beggars by ensuring their care, protection, development, socio-economic
and cultural empowerment through enabling policies and programmes.
MBNY is a Bihar state govt. Scheme

A law is needed which respects the dignity of the destitute rather than
penalizes them for being poor. The government must bring legislation
to decriminalize beggary

Government should also adopt a proper mechanism for identification

and rehabilitation of beggars
A follow up action should also be adopted for the beggars who are
coming out of rehabilitation center to assist in any challenges faced by
them in integrating with the mainstream society

Police should take action against the begging rackets

The government should engage different stakeholders such as NGOs

working with street children, traffic policemen etc. to eradicate beggary
especially child beggary