Criminalizing Of Begging in India

Criminalizing Of Begging in India

Author:- Srijan Kar, a Student of Christ University

Introduction

Beggary as a practise has been around for a while in India. In reality, throughout the monarchy, it was customary in ancient India for Kings to care for everyone living in their realm, including beggars. As well as in early Hindu writings like the Ramayana, the system of beggarly may be found. Since the beginning of time, beggary has been recognised as a religious and moral obligation, and people have long believed that by giving alms, blessings and good fortune will follow. Giving alms to the beggars was ingrained in the social fabric of India, where it was customary to beg as a way of life. However, this attitude shifted during colonial control since Victorians believed that beggary represented indolence and moral decline.

Why begging should be criminalized?

Begging is viewed as a nuisance in public.Because they can obstruct walkways, vehicles, and public areas, beggars may be considered a nuisance to the general public. They may be linked to crime or violence, which makes them a threat to public safety. Begging could be abusive.Some beggars, like pimps or traffickers, are coerced into begging. These people might exploit the vulnerability of the beggars by making them work in hazardous or abusive situations.

Begging can deter people from seeking assistance.If they are worried of being detained for begging, some people might be hesitant to ask for social services' assistance. People may find it more challenging to obtain the aid they require in order to end their poverty and homelessness as a result.

Alternatives rather than criminalizing begging 

Delivering social assistance programmes- People who are having a hard time making ends meet can receive assistance from the government with food, housing, healthcare, and education. This will lessen the number of persons compelled to begging.

Generating employment opportunities- To assist people in getting back on their feet, the government can offer jobs and training programmes. They will be able to support themselves and make a life thanks to this.

Giving mental health treatment- There are a lot of beggars that are mentally sick. The government can give them access to mental health services so they can receive the necessary care.

Ram Lakhan vs State (Delhi High Court)

Facts:

The case involved Ram Lakhan, who was convicted of begging under Section 3 of the Bombay Prevention of Begging Act, 1959. He challenged his conviction on the ground that the Act was unconstitutional as it violated his fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution of India.

Judgment:

The Delhi High Court held that the Bombay Prevention of Begging Act, 1959 is unconstitutional as it violates the fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution of India. The Court held that the mere act of begging cannot be said to be a crime. The Court also held that the court cannot order the detention of a beggar in a certified institution without giving him an opportunity to be heard.

Conclusion

In order to make a judgement, the government will have to consider a number of different aspects, including the rights of beggars, community needs, and the efficacy of the anti-begging legislation. The Indian government should concentrate on solving the underlying causes of poverty and social isolation rather than criminalising begging. This includes offering low-income individuals financial aid, career training and placement services, and mental health services.

References

• https://restthecase.com/knowledge-bank/anti-begging-laws-in-india#:~:text=Begging%20is%20not%20a%20crime,found%20begging%20in%20public%20places.

• https://knowlaw.in/index.php/2022/10/21/is-beggary-a-crime/

• https://www.legalserviceindia.com/legal/article-13009-criminalization-of-begging-in-india.html

• https://www.hindustantimes.com/editorials/the-supreme-court-is-right-on-begging-101627471711972.html

• https://www.drishtiias.com/daily-news-analysis/decriminalising-begging

• https://www.legalserviceindia.com/legal/article-1367-beggary-laws-in-india-a-constitutional-analysis.html

• https://socialwelfare.delhi.gov.in/social/beggary-prevention

• http://www.arthapedia.in/index.php/Begging

• https://www.iasparliament.com/current-affairs/striking-down-of-beggary-act

• https://www.dhyeyaias.com/current-affairs/perfect-7-magazine/beggary-in-india