Why in the News?

Recently, the Bhopal district collector banned begging in the district and imposed strict rules, including filing police cases against both those who beg and those who give alms.

What legal basis is Bhopal using to criminalize begging?

• Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The orders by the collectors of Indore and Bhopal are under this section, which empowers officials like the District Magistrate or any Executive Magistrate to issue orders in urgent cases of nuisance or apprehended danger. This order can direct any person to abstain from a certain act and may apply to residents or the public frequenting a particular area.
• Section 223 of the Bharatiya Nyaya Sanhita (BNS): Action will be taken under this section, which punishes those disobeying an order announced by a public servant lawfully empowered to do so.

What are the penalties for violating the order?

• Disobedience of the order can result in simple imprisonment for up to six months, a fine of up to Rs 2500, or both.
• If the disobedience causes or tends to cause danger to human life, health, or safety, imprisonment can extend to one year, and the fine to Rs 5000.

How have different regions in India approached the issue?

• Bombay Prevention of Beggary Act, 1959:  The first law against begging, with colonial roots, aimed to clear streets of destitute persons, leprosy patients, or those with mental illnesses by sending them to institutions. Mumbai still has detention centres under this Act, allowing police to detain those without visible means of subsistence, with punishment extending to detention for 10 years.
• Delhi High Court (2018) Struck down some sections of the Bombay Prevention of Beggary Act as unconstitutional, decriminalizing begging in Delhi. The court stated that people beg out of need, as a last resort for survival, and the government has a mandate to provide social security3.
• Other States Many states, including Maharashtra, continue to criminalise begging under the Bombay Prevention of Beggary Act. There is no central act on begging, but many states have enacted their own laws based on the 1959 Act.
• Rehabilitation Efforts In 2020: the Union Ministry of Social Justice and Empowerment proposed focusing on rehabilitation rather than criminalising begging in ten cities, including Mumbai

How have different regions in India approached the issue?

• State-Level Criminalization: Around 22 states and union territories have anti-begging laws, many modeled after the Bombay Prevention of Begging Act, 1959, which criminalizes begging, vagrancy, and soliciting alms, allowing arrest without a warrant.
  • States like Haryana, Punjab, Uttar Pradesh, and others have enacted similar laws.
• Decriminalization Efforts & Judicial Interventions: The Delhi High Court (2018) struck down parts of the Bombay Prevention of Begging Act as unconstitutional, decriminalizing begging in Delhi. The Supreme Court (2021) also refused to ban begging nationwide, recognizing that criminalizing it unfairly targets the poor. Rajasthan has taken a more rehabilitative approach.

What are the arguments for and against criminalizing begging?

Arguments in favour: 

• Curbing Organized Begging Rackets – Criminalization helps tackle forced begging, where vulnerable individuals, including children and disabled people, are exploited by criminal networks.
• Public Safety and Order – Authorities argue that begging creates nuisance, disrupts traffic, and can lead to petty crimes, making public spaces unsafe.
• Encouraging Rehabilitation – Some laws claim to detain beggars for rehabilitation, ensuring they receive food, shelter, and vocational training instead of relying on alms.

Argument against: 

• Violation of Fundamental Rights – Criminalizing begging punishes poverty, not crime, violating the right to life (Article 21) by penalizing individuals who have no means of survival.
• State’s Failure in Social Security – The presence of beggars reflects gaps in government welfare, and punishing them shifts the burden away from state accountability.
• Arbitrary and Unjust Implementation – Many laws allow arrests without warrants, disproportionately targeting the homeless, disabled, and elderly, rather than addressing systemic issues.

Way forward: 

• Rehabilitation-Centered Approach – Shift focus from criminalization to social welfare programs, including skill development, housing, mental health support, and reintegration into society.
• Legislative Reforms & Judicial Oversight – Enact a uniform national policy that prioritizes rehabilitation over punishment, while ensuring judicial oversight to prevent misuse of anti-begging laws.

Mains question for practice:

Q Critically examine the rationale behind criminalizing begging in India. Discuss the legal and constitutional challenges associated with such measures. (250 words) 15M

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