Banning Transgender Begging is Cruel And Illegal

Context

The police commissioner issued an order under Section 144 of the Code of Criminal Procedure to ban transgender persons from begging in public places. 

• Transgenders have traditionally sought alms on auspicious occasions as a means to make out a livelihood due to lack of other employment opportunities.

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Begging in India

• Begging: Also referred to as panhandling, is the practice of soliciting alms or other forms of help from others with little or no expectation of reciprocation. 
  • As per Census 2011, there are 4,13,670 beggars and vagrants in the country.
• Background: Begging has always been considered a noble deed and part of India’s social and religious construct.
  • Bhiksha: Bhiksha (alms) in Hinduism, Buddhism and Jainism has a long-standing religious and spiritual tradition and was considered important for spiritual freedom.
  • Zakat: A practice of taking specific amounts from the rich to create a balance in society has been a fundamental principle of the Islamic religion. 

Reasons for Begging in India

• Economic Considerations: Economic factors like poverty, unemployment, underemployment, income loss, etc. often lead to individuals begging. 
  • It is often viewed as easy money by some and also adopted as a profession. 
• Lack of Employment Opportunities: Often, transgender people and other outcasted people lack employment avenues, thus pushing them into begging.
• Urbanization and Migration: Rapid urbanization and migration also contribute to begging menace. People from rural areas may migrate to cities in search of better opportunities, but they may end up begging if those opportunities are scarce.
• Natural Tragedies: Famines, earthquakes, droughts, tornadoes, or floods may inflict major damage to property or farmland, forcing people to flee their homes or resort to begging to alleviate hunger pains.
• Psychological Issues: Beggary may sometimes be caused by a person’s poor psychology. Those reasons include frustration, reluctance to labour, and a proclivity toward solitude. 
• Social Issues: Social factors such as family disintegration, widowhood, orphanhood, social ostracization etc. have also led to rise in begging conditions 
• Physical Disability: Lack of suitable provisions in India for the treatment or social rehabilitation of the blind, deaf, dumb, or physically disabled. In the lack of any other option, such people are forced to beg.
• Forced Begging: Begging has become a significant industry in India especially in metropolitan cities of Delhi, Bangalore, Mumbai, Kolkata etc. The revenues of the day are distributed among the beggars, and each leader allocates his group to a certain zone.
• Inadequate and insufficient reach of Social Welfare Programmes for the homeless, unemployed, and mentally ill.

History of Criminalization of Begging in India

• Colonial Origins
  • European Vagrancy Act, 1869: Introduced by the British to control begging among Europeans in India, this act marked the beginning of formal laws against vagrancy in India.
  • Criminal Tribes Act, 1871: The act extended the criminalization of certain behaviors to marginalized communities, notably “eunuchs” (used to refer to transgender), who were targeted for their public performances.
• Pre-Independence Acts: A series of dedicated laws, including The Bengal Vagrancy Act, 1943, The Bombay Beggars Act, 1945, and The Madras Prevention of Begging Act, 1945 were enacted pre-independence to criminalize begging.
• Post-independence: The Bombay Prevention of Begging Act, 1959, which draws heavily from The Bombay Beggars Act, 1945, is the model anti-beggary law across the country. Some states, like Gujarat, have directly adopted this Act.
• Contemporary laws: Many states such as Karnataka, Uttar Pradesh and Andhra Pradesh, have developed their own anti beggary acts. 
  • However, in contrast, the more recent Rajasthan Rehabilitation of Beggars or Indigents Act, 2012, focuses on rehabilitation without a ban on begging.

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Judicial Pronouncement on Criminalization of Begging

• Suhail Rashid Bhat v State of Jammu and Kashmir (2019): The Jammu and Kashmir High Court ruled against the prohibition of communicative activity by beggars in public spaces, stating it violated their rights under Article 19(1)(d) of the Constitution and criminalized poverty.
• Harsh Mander v Union of India (2018): The Delhi High Court struck down the Bombay Prevention of Begging Act, 1959, as applied to Delhi, holding that begging itself is not a crime. The court emphasized that begging is often a result of socio-economic deprivation.
  • Justice Gita Mittal said in her judgment that “Begging is a symptom of a disease, of the fact that the person has fallen through the socially created net.”
• Public interest litigation (2021): The SC refused to entertain the petitioner’s plea to restrict beggars from public places amid the Covid-19 outbreak. The court acknowledged begging as a socio-economic issue that can only be addressed by the state.
• Criminalizing Begging Against Right To Life: The criminalizing of begging makes people choose between committing a crime or not committing one and starving, which goes against the Article 21 i.e. Right to Life.

Impact of Begging on Individual and Society

• Impact on Society:

  • Economic Strain: Begging can perpetuate poverty cycles and economic strain. It can also influence public perception and deter tourism and investment in affected areas.
  • Social Issues: Begging is intertwined with various social ills like exploitation, human trafficking, and child labor. These practices degrade societal norms and values, creating cycles of dependency and abuse.
  • Discrimination and Social Exclusion: Those who beg may face discrimination and social exclusion, particularly if they have an evident physical or mental handicap.
  • Legal and Policy Challenges: The legal framework around begging in India is complex and varies by state. Laws criminalizing begging lead to repeated cycles of arrest and release that fail to address the underlying social and economic issues.

• Impact on Individuals:

  • Health Risks: Individuals who beg are often exposed to severe health risks due to unsanitary living conditions, lack of access to healthcare, and the physical demands of begging.
  • Vulnerability to Exploitation: Beggars, especially women, children, and disabled individuals, are extremely vulnerable to various forms of exploitation. This includes physical abuse, sexual exploitation, and being forced into begging by organized crime syndicates.
    • According to data by the Registrar General of India, the number of children) engaged in begging are the highest in Uttar Pradesh (10,167). U.P. is followed by Rajasthan (7,167), Bihar (3,396), and West Bengal (3,216).
  • Lack of Access to Basic Services: Many beggars lack access to basic life services such as safe shelter, nutritious food, clean water, and educational opportunities. This deprivation not only affects their quality of life but also limits their future opportunities.

Way Forward

• Reforms in Anti-Begging Laws in India: There is a need to reform these laws to reduce the punitive measures taken against beggars and focus more on rehabilitation and integration into society​.
  • Example: The implementation of the Transgender Persons Protection of Rights Act, 2019, is an example of legislative progress aimed at protections for all vulnerable populations prone to begging.
• Policy Initiatives: Schemes and policies aimed at protection, empowerment and rehabilitation of beggars and vulnerable populations is necessary.
  • Example: Support for Marginalized Individuals for Livelihood and Enterprise (SMILE)  focuses on comprehensive rehabilitation, including medical facilities, counseling, education, and skill development of vulnerable sections.
• Community and NGO Engagement: Engagement of masses through awareness campaigns by NGOs, to educate the public about the causes and realities of begging, can change public perceptions and reduce the stigmatization of beggars.
• Economic Integration: The beggars need to be made part of the mainstream society by providing job opportunities and skill development for individuals who have resorted to begging. 
• Social Safety Nets: There is a need to improve social safety nets to provide a basic income and healthcare benefits to those at risk of begging. This could prevent the need to beg for financial survival.

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Conclusion

The state must ensure the progressive realization of social and economic rights, through supportive measures rather than punitive measures to address the root causes of begging and marginalization.

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