Ban on Begging

Bhopal, Madhya Pradesh, has implemented a complete ban on begging across all public places; this decision follows Indore’s similar order 

Key Highlights on the Ban

• Aim : To address the issue of begging while providing alternative solutions for displaced beggars.
• Prohibited Practices: Begging in all public places is strictly prohibited. Giving alms or purchasing goods from beggars is also banned.
• Enforcement: Strict enforcement measures are in place, allowing FIRs to be registered against both beggars and those who provide them with money or goods.
  • In Indore, an FIR was recently registered against an unidentified individual for giving alms to a beggar.

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Legal Basis for the Ban

• The ban is enforced under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• This law empowers officials such as the district magistrate, sub-divisional magistrate, or any other executive magistrate to issue an order in urgent cases of ‘nuisance or apprehended danger.’
• The order can prohibit any person from engaging in a particular act.
• Applicability: The law applies to residents of a particular place, those visiting a specific area, or the general public frequenting certain locations.
• Punishment under the Ban : Violators of the ban will be punished under Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023, which includes:
  • Up to six months imprisonment or a fine of ₹2,500 or both.
  • If the act poses a danger to public health or safety, punishment increases to one year imprisonment and a fine of ₹5,000.
• Duration of the Order: The order is initially valid for two months.
  • It can be extended for up to six months by the state government.

Who is a Beggar?

• Definition of a Beggar (as per Bombay Prevention of Begging Act, 1959): A beggar is anyone who:
  • Solicits alms in any form.
  • Performs or offers items for sale.
  • Appears destitute and lacks visible means of subsistence.
• Colonial Law: The Criminal Tribes Act of 1871 criminalized nomadic tribes, linking them with vagrancy and begging.
• Constitutional Reference: The Constitution of India allows both Union and state governments to enact laws related to vagrancy, beggary, and nomadic/migratory tribes under the Concurrent List (List III, Entry 15).
• Precedence : There is no national law on begging. Instead, many states and Union Territories follow the Bombay Prevention of Begging Act, 1959.
• Delhi High Court (2018): Struck down multiple provisions of the Bombay Prevention of Begging Act, calling them “manifestly arbitrary” and violative of Article 21 (Right to Life with Dignity).
• Supreme Court of India (2021):
• • Rejected a PIL that sought to remove beggars from public spaces.
  • Stated that begging is a socio-economic issue rather than a criminal offense.

Reasons for Begging in India

• Economic Factors: Poverty, unemployment, underemployment, and rural-urban migration force individuals into begging due to lack of opportunities.
• Natural Disasters: Displacement caused by floods, droughts, or famines leaves people homeless and reliant on begging for survival.
• Social Issues: Family disintegration, ancestral profession, and widowhood contribute to the prevalence of begging.
• Physical and Psychological Challenges: Lack of rehabilitation for disabled individuals and mental health issues drive people to beg.
• Organized Begging Cartels: Begging is often controlled by syndicates that exploit vulnerable individuals, especially in urban areas.

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Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) Scheme

• Launched in 2022 by the Ministry of Social Justice and Empowerment.
• Objective:
  • To rehabilitate beggars by offering medical care, education, and skill training.
  • Aims to create a “beggar-free” India by 2026.
• Statistics (as per Census 2011):
  • India has approximately 4,13,670 beggars and vagrants.
  • West Bengal has the highest number of beggars, followed by Uttar Pradesh and Bihar.

Implications of Begging

• Discrimination and Exploitation: Beggars, especially those with disabilities, face social exclusion and are vulnerable to abuse by organized begging gangs and traffickers.
• Public Health and Hygiene Risks: Begging hotspots often lack sanitation, leading to disease outbreaks, malnutrition, and additional strain on public healthcare systems.
• Crime and Human Trafficking: Organized syndicates force children and vulnerable individuals into begging, sometimes using drug addiction and physical abuse to control them.
• Impact on Urban Spaces and Tourism: Aggressive begging creates security concerns, discourages tourism, and reinforces negative perceptions of India’s cities.

Pros and Cons of Ban on Begging

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Way Forward

• Strict Enforcement Against Exploitation: Strengthen anti-trafficking laws and dismantle begging cartels through police-NGO collaboration, focusing on rehabilitation over punishment.
• Public Awareness and Community Support: Promote donations to credible charities instead of direct almsgiving to prevent organized exploitation.
• Rehabilitation and Employment: Expand government shelters, provide skill training, and integrate beggars into the workforce for long-term economic stability.
• Policy Reforms and Local Partnerships: Develop holistic policies addressing unemployment and homelessness, engaging businesses to create sustainable livelihoods.

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