Introduction
Imagine walking down a busy street, and you see a frail old man, his hands trembling as he reaches out for alms. Instead of receiving help, he is arrested, fined, or even jailed. This is the grim reality of India’s anti-begging laws, which criminalize one of the most vulnerable sections of society rather than addressing the root causes of poverty. These laws, remnants of colonial rule, must be reassessed to align with constitutional principles and human dignity.
The Legal Framework: A Colonial Relic
India’s anti-begging laws stem from the Bombay Prevention of Begging Act, 1959, which has been adopted in various forms across multiple states. Under this law, begging is treated as a criminal offense, punishable by incarceration in beggar homes for up to three years. The legislation defines begging broadly, covering acts of seeking alms in any public place.
In 2018, the Delhi High Court struck down several provisions of this law, calling it unconstitutional. The Court reasoned that penalizing begging violated the fundamental rights of individuals who have no means of livelihood. However, in many states, these outdated laws continue to be enforced, resulting in unnecessary incarceration and human rights violations.
Why These Laws are Unjust
1. Targeting the Poor Instead of Poverty
Rather than addressing the economic and social factors driving people to beg, these laws criminalize the act of seeking help. Many individuals who resort to begging do so due to homelessness, unemployment, disability, or old age. Penalizing them only worsens their plight.
2. Violation of Fundamental Rights
- Right to Life and Dignity (Article 21): Criminalizing begging strips individuals of their basic right to live with dignity.
- Right to Equality (Article 14): These laws disproportionately affect marginalized communities, reinforcing systemic inequalities.
3. Lack of Rehabilitation Mechanisms
The so-called ‘beggar homes’ are often overcrowded and lack proper facilities. Instead of providing skill development and employment opportunities, these institutions become centers of forced confinement, further alienating the poor from mainstream society.
Several countries have shifted their approach from criminalization to rehabilitation. For example:
- United States: Cities like San Francisco focus on housing-first policies that provide shelter before employment opportunities.
- Finland: Their ‘Housing First’ model ensures that no person is left without a home before addressing other socio-economic issues.
- Brazil: The government runs social programs that integrate the homeless into vocational training initiatives.
A Humane Approach: The Way Forward
Instead of punitive measures, India must adopt a rehabilitation-focused model. Some key steps include:
- Decriminalization of Begging: Recognizing poverty as a social issue rather than a criminal offense.
- Employment and Skill Development: Government and NGOs must collaborate to provide vocational training and job opportunities.
- Social Security Measures: Expanding food security programs, housing assistance, and medical aid for the homeless.
- Community Involvement: Encouraging citizens to support rehabilitation efforts rather than viewing beggars with apathy or disdain.
Models for Reform
Rajasthan Model
The Rajasthan Rehabilitation of Beggars or Indigents Act, 2012 offers a more humane approach by decriminalizing begging entirely. It focuses on equipping beggars with skills and training to earn a livelihood instead of punishing them for their circumstances. This model addresses poverty directly by providing support mechanisms rather than viewing beggars as criminals.
Bihar Model
While less detailed information is available about Bihar’s specific approach compared to Rajasthan’s comprehensive legislation, both models emphasize addressing poverty through social welfare initiatives rather than legal penalties.
Implications
Criminalizing begging exacerbates social stigma against vulnerable groups like homeless individuals and those with disabilities while overburdening judicial systems with cases against people who are primarily poor3. Adopting models like Rajasthan’s could help shift focus toward sustainable solutions that address root causes such as unemployment and marginalization.
Citation: Harsh Mander v. Union of India, Delhi High Court (2018)23; Supreme Court observations (2021)5; Rajasthan Rehabilitation of Beggars or Indigents Act, 20121.
Conclusion
Poverty is not a crime, and seeking alms should not warrant punishment. India’s anti-begging laws must be reformed to align with constitutional values and humanitarian principles. Instead of criminalizing the destitute, the focus should be on eradicating the conditions that force individuals into begging. True progress lies not in hiding the poor from sight but in uplifting them with dignity, opportunity, and care.
About Authors
This Article is Written by Kusha Mehta and Krishnapriya Mishra
Kusha Mehta is a law student at Campus Law Centre, University of Delhi, with a background in economics. She has experience in legal research, writing, and analysis, with internships at NyayaSarthak and the International Institute of SDGs & Public Policy Research. Passionate about advocacy and policy, she has also completed certifications from Harvard University.
Krishnapriya Mishra
4th year Law Student at Xavier Law School, XIM University, Bhubaneswar, Odisha
