Context: The Bhopal district administration has prohibited all forms of begging, giving alms, and purchasing goods from beggars, invoking Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 163 of BNSS empowers the DM, or any other Executive Magistrate to issue orders in cases of public nuisance.

• Section 223 of BNSS deals with the punishment for disobedience of orders.

Reasons for Ban on Begging: 

• The ban was triggered by reports of begging at traffic signals, religious sites, and tourist spots, causing traffic disruptions and accidents. 

• Authorities also revealed that many beggars come from other states and have criminal records or are involved in illicit activities, emphasizing the need for immediate action to ensure public safety and prevent further hazards. 

Key Fact

• As per the Census 2011, there are 4.13 lakh beggars and vagrants in India. 

• Many cities have repeatedly undertaken similar actions before major events. In 2017, Hyderabad banned begging before the Global Entrepreneurship Summit, while in 2010, Delhi removed beggars ahead of the Commonwealth Games. These measures have drawn criticism for targeting the most vulnerable sections of society without addressing the root causes. 

Need for Criminalising Begging

• Public Nuisance and Beautification: It is often claimed that beggars create a negative image for tourists and investors, particularly before high-profile events.

• Traffic and Safety Concerns: Many beggars operate at busy intersections, leading to accidents and disrupting traffic flow.

• Organized Begging Syndicates: Law enforcement agencies argue that many beggars are part of larger organized networks that exploit individuals, including children and disabled persons.

• Public Health Risks: Some states cite health and hygiene concerns, particularly in crowded urban areas, as reasons for imposing bans on begging.

Legal Framework for Begging in India

• Begging is not explicitly prohibited under a national law, but several states have their own anti-begging laws. The criminalization of begging in India has its roots in colonial jurisprudence, with several laws still in effect today:

• European Vagrancy Act, 1869: Enacted by the British to maintain racial superiority by preventing poor Europeans in India from resorting to begging.

• Bombay Prevention of Begging Act, 1959: Considered a model law, adopted by multiple states including Gujarat, Karnataka, Uttar Pradesh, and Andhra Pradesh. It criminalizes begging and grants authorities power to detain and penalize beggars.

• Bengal Vagrancy Act, 1943, and Madras Prevention of Begging Act, 1945: These pre-independence laws aimed at criminalizing beggars and rehabilitating beggars in workhouses.

• Vagrancy Laws under Concurrent List (Entry 15): Both the Union and state governments have the authority to legislate on vagrancy and destitution-related matters.

• Section 163 & 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 

• Article 23 of the Indian Constitution: Prohibits traffic in human beings, begar (forced labor without payment), and other forms of forced labor.

Why Begging Persists in India?

• Poverty and Unemployment: Economic disparities and lack of job opportunities force many individuals into begging.

• Lack of Social Security: Inadequate access to food, healthcare, and shelter pushes marginalized individuals to seek alms.

• Forced Begging and Trafficking: Organized crime syndicates force children and disabled individuals into begging.

• Migration and Urbanization: Many rural poor migrate to cities in search of work but fail to secure employment, ending up as beggars.

• Disability and Mental Illness: Lack of proper healthcare services leaves disabled and mentally ill individuals with no choice but to beg.

Implications of Criminalizing Begging

• Violation of Human Rights: Penalizing begging disproportionately affects the poorest sections of society and contradicts constitutional guarantees of dignity and equality.

• Arbitrary Detentions: Many anti-begging laws empower authorities to detain the beggars without due process of law.

• Failure to Address Root Causes: Simply banning begging does not provide a solution to poverty or homelessness.

Judicial Interventions

• Delhi High Court (2018): Struck down parts of the Bombay Prevention of Begging Act as unconstitutional.

• Jammu and Kashmir High Court (2019): Declared the Prevention of Beggary Act and related rules as unconstitutional.

• Supreme Court (2021): Recognized begging as a socio-economic issue, refusing to impose restrictions during COVID-19.

Government Initiatives for Rehabilitation

• SMILE Scheme (2021): Central Sector Scheme; “Support for Marginalized Individuals for Livelihood and Enterprise” focuses on rehabilitating beggars and providing them with alternative livelihood options.

• Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016: Proposed by the Ministry of Social Justice and Empowerment to provide comprehensive care and rehabilitation for destitute persons but was eventually dropped.

• Shelters and Skill Development Programs: Several states have launched temporary shelters, food distribution centers, and vocational training programs to help reintegrate beggars into society.

Road Ahead

• Legal Reforms: A comprehensive national law focused on rehabilitation, rather than criminalization, should replace outdated colonial-era legislation.

• Strengthening Social Welfare Schemes: Expanding social security programs, healthcare access, and employment opportunities can address the root causes of begging.

• Regulation of Street Vending: Many beggars resort to street vending. Legalizing and supporting this activity can provide them with sustainable livelihoods.

• Rehabilitation through NGOs and Private Partnerships: Collaborating with NGOs and private organizations can help implement structured rehabilitation programs.