Decriminalising Begging in India

It has been argued in the plea that a person, who is compelled to beg due to certain circumstances, cannot be faulted for his actions.
Recently, the Ministry of Railways has also proposed to decriminalise begging on trains or railway premises.

Key Points

The plea argues for the decriminalise begging, citing a Delhi High Court judgment that found the provisions of the Bombay Prevention of Begging Act, 1959, to be unconstitutional.
Criminalizing begging forces people to make an unreasonable choice between committing a crime or starving, which violates the Right to Life guaranteed under Article 21 of the Constitution.
The government has an obligation to provide social security to its citizens, as stated in the Directive Principles of State Policy, but the presence of beggars indicates a failure in fulfilling this obligation.
The plea suggests fast-tracking the Beggars Rehabilitation Legislation to address the hardships faced by thousands of poor individuals due to the existing arbitrary statutes.
The petition seeks to declare some provisions of the Bombay Prevention of Begging Act, 1959, and similar acts in other states as illegal and void.
The Bombay Prevention of Begging Act, 1959, defines “beggar” and “begging,” granting the police powers of arrest without a warrant and magistrates the authority to detain individuals in detention centers for up to three years.
The Act also allows the detention of the family of beggars, including children over the age of five, and gives detention centers the power to exact manual labor and punish detainees.

According to the Census 2011, the total number of beggars in India is 4,13,670, comprising 2,21,673 males and 1,91,997 females.
The number of beggars has increased compared to the previous census.
West Bengal has the highest number of beggars, followed by Uttar Pradesh and Bihar at the second and third positions, respectively.
Among the union territories, New Delhi has the largest number of beggars with 2,187 individuals, followed by 121 in Chandigarh.
Among the northeastern states, Assam tops the chart with 22,116 beggars, while Mizoram has the lowest number with 53 beggars.
Interestingly, Lakshadweep has only two vagrants according to the 2011 census.

The Centre attempted to repeal the Beggary Act through the Persons in Destitution (Protection, Care, and Rehabilitation) Model Bill, 2016.
The proposed bill aimed to do away with the Beggary Act and establish rehabilitation centers for destitute individuals in each district.
The Persons in Destitution Bill, 2016, is yet to be implemented and needs to be put into action.
The Bihar government’s Mukhyamantri Bhikshavriti Nivaran Yojana serves as a model worth emulating.
Instead of detaining persons under the Beggary Act, the scheme provides open homes and community outreach for destitute individuals.
Rehabilitation centers have been established under the scheme, offering treatment, family reintegration, and vocational training.
The issue of organized begging rackets will need to be addressed through other means, possibly by focusing on the law related to trafficking.