INTRODUCTION
One of the most significant concerns affecting the globe now is begging, which requires serious attention. This shows the severity of the disparities existing in the nation. It has significant impacts on the country’s economy, particularly in emerging nations like India. The colonial era is where India’s present beggar laws initially originated. Since then, the government has seen begging as a crime rather than a sign of social assistance. Making begging a crime has several negative impacts on society, like an increase in human trafficking, especially of women and children, leading to negative growth of the nation, as this is generally viewed as a nuisance and a threat to public life, which later attracts many security concerns to the country.
HISTORICAL BACKGROUND
Begging was not looked down on in ancient India as it is now. Begging was a revered custom that was intricately entwined with religious and spiritual life, particularly during the Vedic era and subsequently with the advent of Buddhism and Jainism. Ascetics and monks relied on the generosity of householders to provide alms, and charitable giving, or Dana, or Bhiksha, was considered a virtue[1]. Since beggars were frequently ascetics who had given up worldly pleasures and life in pursuit of enlightenment, these deeds were viewed as a necessary component of one’s spiritual path. Here, begging had a religious and spiritual meaning that was woven into the social structures. However, this perception began to change with the rise of the Varna system. As society evolved, marginalised groups, particularly those belonging to lower castes or tribal communities, were excluded from economic opportunities. Many were forced to turn to begging as a means of survival[2]. These groups, along with the original religious ascetics, formed a broader category of beggars, leading to the institutionalisation of begging. Begging was no longer seen exclusively as a spiritual practice but became a necessity for the socially and economically marginalised. The influence of Buddhism and Jainism in formalising monastic life led to the growth of monasteries that provided shelter for both genuine spiritual seekers and those struggling with poverty[3].
Over time, this led to the rise of “pseudo-ascetics”—individuals who adopted the appearance of religious mendicants but were, in reality, simply using the system to survive. By the medieval period, as economic conditions worsened, begging became a widespread issue, particularly as feudalism took hold and many found themselves with few opportunities for their sustenance. Charitable institutions, such as almshouses, were established to provide food and shelter for the poor. During this time, begging became more professionalised, and its spiritual roots gradually started fading. The situation worsened under British colonial rule, which criminalised begging as a social nuisance and a threat to public order. This shift erased the earlier view of begging as a legitimate or even sacred practice, and instead, it became something to be punished[4].
The main law introduced by the colonial ruler during the colonial period for criminalisation of beggary was the European Vagrancy Act 1824[5]. The term vagrant was used to describe the European who lost their job and all means of employment and has come onto the streets to ask for alms for their survival. Seeking alms was considered an act that would disturb the public order and cause disturbance; it was criminalised[6]. This was the major factor that has heavily influenced for criminalisation of begging in India. Based on the same post-independence, the Bombay Prevention of Begging Act 1959[7] was enacted to criminalise begging. This was first enacted in the state of Bombay and was later adopted by many states in India. Therefore, based on the above-mentioned series of events, we can see that there have been no efforts made by the then rulers to better the life of the people; rather, they are merely criminalising them to get a temporary relief from them[8].
CONSTITUTIONALITY OF BEGGARY LAWS
The Bombay Prevention of Begging Act 1959[9] gave the police powers to arrest beggars, and they could be imprisoned for up to 3 years for the first offence and up to 10 years for the second offence. The same was adopted by a few other states, that is, New Delhi and Gujarat. Along with this, almost 20 states in the country have declared begging as an illegal act and have adopted the Bombay Prevention of Begging Act with slight changes.
This clearly shows that it’s violative of the fundamental rights that are granted to individuals by the constitution. Based on the precedent that was set up by the Supreme Court in the case of Menaka Gandhi v. Union of India[10] right to live according to Article 21[11] means the right to live with dignity and also have the right to food, shelter and clothing. According to the directive principles of the state policy, the state must work for the welfare of the people. Here, criminalising them for the act of begging violates their fundamental rights and also reduces the burden on the state to work for the welfare of the people.
In the famous case which had made a remarkable effort towards decriminalisation of beggary laws, Harsh Mander v. Union of India,[12] the petitioner has filed a case in the court challenging the constitutionality of the Bombay Prevention of Begging Act 1959[13]. The court in this case held that the act itself is unconstitutional and has removed the application of the act within the state of New Delhi. Also, in the case of Ram Lakhan v. State,[14] the plaintiff was arrested for the act of begging. The Delhi High Court later held that the Bombay Prevention of Beggaring Act is unconstitutional as it violates the fundamental rights under Article 19 (1) (a)[15] that deals with freedom of speech and Article 21 that deals with the right to life. Along with this, it also stated that one can’t order for detention of a beggar into an institution without allowing them to be heard. The court suggested that the state shall take responsibility for ensuring proper social welfare measures for all poor people. And stated that mere criminalisation of the beggars doesn’t lead to any proper solution. It is violative of article 19(1) (d)[16] of the fundamental rights as it violates the freedom of movement, as it detains them and restricts their movement.
ALTERNATIVE FOR CRIMINALISATION OF BEGGING
India does not have any central law that criminalises begging. But certain states have made laws that prohibit begging. Among all the states, the state of Rajasthan has made a unique law that promotes rehabilitation of beggars over criminalisation of beggars for the act of begging. Rajasthan Rehabilitation of Beggars or Indigents Act 2012[17] aims at integrating the beggars back into society rather than punishing them and putting them in prisons. This type of progressive approach should be preferred by the state as this focuses on the welfare of the people. The main reason for people to beg on the streets is for a livelihood. The criminalisation of begging leads to more suffering for these types of people and leads to more disturbances. Criminalisation of begging leads to prevention of the begging rackets that are prevalent in the country. It also helps in reducing human trafficking cases, as well as kidnapping cases. Apart from this, the government should focus on how to improve their livelihood and work for their welfare by providing them required skills for employment and educating them. Criminalisation would have a major negative impact on society and absolve the government of its duty. The primary reason for begging is the lack of employment, education, poverty and various other reasons. This encourages them to beg to get their basic needs, and it is not an excuse to get easy money; rather, it is a need. Also, due to this, many sex rackets are happening along with the human trafficking of young kids and women in the name of begging.
CONCLUSION
Begging is a social and economic issue that is deeply rooted in society. There has been a huge impact of the colonial legacy on our laws, which criminalised the practice of begging. The Bombay Prevention of Beggary Act 1959[18] was held unconstitutional and was stopped from being in practice. The increase in the number of beggars in the country shows the ineffectiveness of the government and the need to ensure their welfare. The progressive step that was taken to de-criminalise the act of begging and promote their skills was by the state of Rajasthan by enacting the Rajasthan Rehabilitation of Beggars or Indigents Act 2012[19]. The government shall also consider the various factors that contribute to begging and concentrate on reducing them rather than punishing them. The government shall equip the people with the required skills, which would help them in getting employment or creating employment, which would help in making their situation better if they are the sole earner of the family. Even enrol them into the rehabilitation centres and help them with required solutions like counselling, etc and including back into society.
Author(s) Name: Chintalapani Swamedha Reddy (Mahindra University)
References:
[1] Acharya SK, “EVOLUTION OF THE INSTITUTION OF BEGGARY IN ANCIENT INDIA” (1988) 69 Annals of the Bhandarkar Oriental Research Institute 269
[2] ibid
[3] ibid
[4] ibid
[5] The European Vagrancy Act, 1869, Act No. XXI of 1869
[6] Acharya SK, “EVOLUTION OF THE INSTITUTION OF BEGGARY IN ANCIENT INDIA” (1988) 69 Annals of the Bhandarkar Oriental Research Institute 269
[7] The Bombay Prevention of Begging Act 1959
[8] Acharya SK, “EVOLUTION OF THE INSTITUTION OF BEGGARY IN ANCIENT INDIA” (1988) 69 Annals of the Bhandarkar Oriental Research Institute 269
[9] The Bombay Prevention of Begging Act 1959
[10] Maneka Gandhi vs Union of India AIR 1978 SC 597
[11] Constitution of India, art 21
[12] Harsh Mander & Anr. v. Union of India AIR 2018 DEL 1256
[13] The Bombay Prevention of Begging Act 1959
[14] Ram Lakhan Singh v. State Of Uttar Pradesh 2008 AHC 198
[15] Constitution of India, art 19 (1) (a)
[16] Constitution of India, art 19 (1) (d)
[17] The Rajasthan Rehabilitation of Beggars or Indigents Act, 2012 (Act No. 36 of 2012)
[18] The Bombay Prevention of Begging Act 1959
[19] The Rajasthan Rehabilitation of Beggars or Indigents Act, 2012 (Act No. 36 of 2012)
