BAN ON BEGGING: GOVERNANCE

BAN ON BEGGING: GOVERNANCE

NEWS: After Indore, Bhopal also bans begging and giving alms

 

WHAT’S IN THE NEWS?

The Bhopal district administration has banned begging under Section 163 of BNSS, 2023, citing public nuisance concerns, but the move has sparked debates over human rights and the effectiveness of criminalizing poverty. While several Indian states have anti-begging laws, experts argue that addressing the root causes through social security and rehabilitation is a more sustainable approach.

 

1. Context: Ban on Begging in Bhopal

  • The Bhopal district administration invoked Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to prohibit begging in public spaces.
  • Section 223 of BNSS prescribes punishment for violating public nuisance orders.
  • Similar bans were imposed in Hyderabad (2017) before the Global Entrepreneurship Summit and Delhi (2010) ahead of the Commonwealth Games.

 

2. Reasons Given for Criminalizing Begging

  • Public Nuisance & City Beautification – Authorities claim beggars create a negative image, especially before major events.
  • Traffic & Safety Concerns – Beggars at intersections cause accidents and disrupt traffic.
  • Organized Begging Syndicates – Law enforcement suspects criminal networks exploit vulnerable individuals.
  • Public Health Risks – Authorities cite hygiene concerns, particularly in urban areas.

 

3. Legal Framework Governing Begging in India

  • No national anti-begging law, but states enforce separate laws.
  • Colonial-era laws criminalized begging, influencing modern legislation:
  • European Vagrancy Act, 1869 – Prevented poor Europeans from begging in British India.
  • Bombay Prevention of Begging Act, 1959 – Model law for other states; criminalizes begging.
  • Bengal Vagrancy Act, 1943 & Madras Prevention of Begging Act, 1945 – Penalized beggars while aiming for rehabilitation.
  • Vagrancy Laws under the Concurrent List (Entry 15) – Allows both Union & State governments to legislate.
  • Article 23 of the Constitution – Prohibits forced labor and human trafficking, which can include forced begging.

 

4. Why Begging Persists in India?

  • Poverty & Unemployment – Lack of job opportunities pushes people into begging.
  • Weak Social Security – Inadequate access to food, healthcare, and shelter forces marginalized individuals to seek alms.
  • Forced Begging & Trafficking – Organized crime exploits children and disabled persons.
  • Migration & Urbanization – Rural poor failing to secure jobs end up as beggars in cities.
  • Disability & Mental Illness – Many beggars suffer from untreated mental health issues and disabilities.

 

5. Implications of Criminalizing Begging

  • Human Rights Violations – Criminalization targets the poorest sections, contradicting constitutional guarantees of dignity and equality.
  • Arbitrary Detentions – Anti-begging laws allow authorities to detain individuals without due process.
  • Failure to Address Root Causes – Banning begging does not solve poverty, homelessness, or unemployment.

 

6. Judicial Interventions on Anti-Begging Laws

  • Delhi High Court (2018) – Struck down parts of the Bombay Prevention of Begging Act as unconstitutional.
  • Jammu & Kashmir High Court (2019) – Declared the Prevention of Beggary Act unconstitutional.
  • Supreme Court (2021) – Recognized begging as a socio-economic issue, refused to impose a nationwide ban.

 

7. Government Initiatives for Rehabilitation

  • SMILE Scheme (2021) – “Support for Marginalized Individuals for Livelihood and Enterprise” focuses on rehabilitation.
  • Persons in Destitution (Protection, Care & Rehabilitation) Bill, 2016 – Proposed by the Ministry of Social Justice, but was not implemented.
  • State Shelters & Skill Development – Various state-run programs offer temporary shelters, vocational training, and food distribution.

 

8. Way Forward: Alternatives to Criminalization

  • Legal Reforms – A national rehabilitation-focused law should replace colonial-era vagrancy laws.
  • Expanding Social Welfare – Strengthen social security, employment opportunities, and healthcare access.
  • Regulating Street Vending – Many beggars sell goods; legalizing street vending can provide sustainable livelihoods.
  • Public-Private Partnerships for Rehabilitation – Collaboration with NGOs & corporate social responsibility (CSR) programs to support long-term rehabilitation.

 

Source: https://www.thehindu.com/news/national/madhya-pradesh/begging-giving-alms-banned-in-bhopal/article69179078.ece