Ban on Begging | 04 Feb 2025

Source: IE 

Why in News?  

Bhopal, Madhya Pradesh has issued a complete ban on begging across all public places, following Indore’s example, as part of efforts to tackle the issue and provide alternative solutions for displaced beggars. 

Why Did Bhopal Implement a Ban on Begging? 

• 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. 
• Legal Action:
  • Bhopal, under Section 163 of Bhartiya Nagrik Suraksha Sahita (BNSS) (empowers magistrates to issue urgent orders in nuisance cases), has banned begging district-wide. 
    • Additionally, BNSS Section 223 punishes people who disobey orders that have been officially given by public servants. 
  • This ban follows the actions of Indore, which imposed a similar ban earlier this year, including filing first information reports (FIRs) against violators.

What is the Legal Framework Regarding Begging?

• Colonial Law: The Criminal Tribes Act of 1871 criminalised nomadic tribes, associating them with vagrancy and begging.  
• Current Legal Framework:  The Constitution of India allows both the Union and state governments to enact laws on vagrancy (includes beggary), nomadic, and migratory tribes under the Concurrent List (List III, Entry 15). 
  • There is no central Act on beggary. Instead, many states and Union Territories have based their laws on the Bombay Prevention of Begging Act, 1959.  
    • The Act defines a beggar as anyone soliciting alms, performing or offering articles for sale, or appearing destitute without visible means of subsistence. 
• Jurisprudence: The Delhi High Court, in 2018, ruled that the Bombay Act was arbitrary and violated the right to live with dignity, underscoring the importance of addressing poverty without criminalizing it. 
  • The Supreme Court of India in 2021 rejected a Public Interest Litigation seeking to remove beggars from public spaces, emphasizing that begging is a socio-economic problem rather than a criminal issue. 
• SMILE: Launched in 2022, Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) by Ministry of Social Justice and Empowerment, aims to rehabilitate beggars by providing medical care, education, and skills training, working toward a "beggar-free" India by 2026. 
  • As of 2024, 970 individuals have rehabilitated under SMILE, including 352 children. 

Why is Begging Prevalent in India? 

• Economic Hardship: Poverty, unemployment, and underemployment are major drivers of begging. 
  • Rural-to-urban migration among marginalised people often leads to destitution, forcing individuals into begging. 
• Social and Cultural Factors: The caste system has historically marginalized certain communities, leaving them with limited opportunities. 
  • In some cultures, begging is considered a hereditary occupation (e.g., Nats, Bajigars, and Sains). 
• Physical and Mental Disabilities: Lack of healthcare and rehabilitation services pushes disabled individuals into begging. 
  • Many mentally ill individuals are abandoned and resort to begging for survival. 
• Natural Disasters: Floods, droughts, and earthquakes displace people, pushing them into extreme poverty and begging. 
• Organized Begging Rings: Human traffickers and criminal syndicates exploit women and children for forced begging infringing upon Article 23 (prohibits trafficking in human beings, slavery, or exploitation). 
  • Babies are often drugged to appear sick and increase sympathy-driven donations. 

What are the Impact of Begging on Society? 

• Public Health and Hygiene Risks: Begging hotspots often lack sanitation, leading to the spread of diseases. 
  • Malnourished beggars suffer from severe health issues, burdening public healthcare systems. 
• Crime and Exploitation: Organized begging rings engage in child trafficking and forced labor. The risk of drug addiction and substance abuse is high among beggars. 
• Tourism and Urban Spaces: Aggressive begging in cities affects tourism and damages India’s global image.  
  • Increased street begging leads to security concerns and public nuisance complaints. 
• Human Rights Violations: Many beggars are arrested under anti-begging laws without alternative rehabilitation. 
  • The definition of a beggar continues to reflect colonial-era prejudices, which often include nomadic tribes and the poor as targets of legal action.   
  • These laws can sometimes give authorities the power to round up the poor or those seen as incompatible with the urban aesthetic. 

Way Forward 

• Addressing Begging Rings: Strict enforcement of anti-trafficking laws to dismantle begging cartels under the Bharatiya Nyaya Sanhita (BNS), 2023 through better coordination between police, Non-governmental Organizations (NGOs), and child welfare organizations. 
  • Penalizing exploitative begging syndicates. Focus on rehabilitation rather than imprisonment. 
• Community Sensitisation: Raise awareness about the harms of encouraging beggary and promote donations to credible charities and community projects, ensuring funds support rehabilitation efforts. 
• Urban Planning and Homeless Support: Increase the number of government-run night shelters with better facilities. 
  • Provide skill training and employment opportunities to help beggars integrate into society. 
• Policy Framework: Formulate policies targeting underlying issues such as unemployment, and social exclusion, focusing on prevention. 
  • Synchronize efforts across ministries like Social Justice, Urban Affairs, and Labour to create holistic solutions that address the complex nature of beggary. 
• Local Partnerships: Collaborate with local businesses and industries to provide sustainable livelihoods for rehabilitated individuals, ensuring long-term economic stability.