NHRC advisory for Begging Menace

The National Human Rights Commission (NHRC) of India has issued an advisory to the Centre, State governments, and Union Territory (UT) administrations to address the issue of begging and improve the lives of those involved.

Status of Begging Issue in India

  • Despite many welfare programs, begging is still a big problem in India. The 2011 census revealed that:
    • Over 413,000 people are begging in India.
      • This group includes women, children, transgender individuals, and the elderly.
      • They depend on begging for survival. 

What is begging?

  • Begging is an act of asking others for money or favors without expecting anything in return. 
  • The person engaged in begging is known as “Beggar”.
  • Modern begging: It is also an act of begging in the form of asking money online instead of in person. 
  • Type of requests: It can include various requests such as medical care, shelter, or personal desires like vacations and school trips.

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Criminalization of Begging: Pros and Cons

Feature Pros Cons
Right to Life criminalizing begging will encourage people to choose better ways to earn and live their life Everyone has the right to survive, and criminalizing begging could force people to choose between begging and starving.
Root Cause Could help reduce forced begging Doesn’t address poverty, lack of education, or mental health issues
Punishment Making begging illegal could encourage people to find better ways to earn money. Arresting and jailing people for begging is harsh, especially since they’re already struggling. It will increase mental health issues
Resource Allocation Begging can discourage people from seeking help. This would also lead to rise in difficulty in finding the right people to get the help they need Money spent arresting and detaining beggars could be better spent helping them (food, shelter, education).
Public Nuisance Reduces public nuisance Criminalizing begging can overwhelm the legal and judicial systems with minor offenses, diverting resources away from more serious crimes and public safety issues.
Exploitation Some beggars are forced to beg by traffickers or criminals. Criminalizing it could help stop this. Criminalizing begging ignores underlying social and economic issues, violating basic human rights and dignity by treating poverty as a crime instead of addressing its root causes.

Key Issues Identified by NHRC

  • Exploitation by Organized Groups: Vulnerable children are often manipulated into begging by organized groups to benefit their leaders. 
    • Some individuals are abducted and coerced into begging, generating substantial income for their captors.
  • Societal Neglect: Physically challenged individuals often have no choice but to depend on others for daily sustenance due to societal neglect.

Eight Key Areas of Action to Address Begging in India

The National Human Rights Commission (NHRC) has advised the government to take a comprehensive approach to eliminate begging and improve the lives of those involved. 

Area of Action Description
Identifying and Supporting Individuals Engaged in Begging Conduct a survey to create a national database of people who beg. Include details about their physical, mental, and social background. Regularly update this information.
Rehabilitation Provide shelter homes with essential services like food, clothing, and healthcare. Help people get identity cards, ration cards, and bank accounts. Offer mental health counseling and addiction treatment services as needed.
Legal and Policy Framework Draft a National Policy to protect those who beg. This policy should include financial assistance, job training, and ways to help people reintegrate into society. Strengthen laws against human trafficking to prevent forced begging.
Collaboration Work with NGOs, civil society organizations, and the private sector to support rehabilitation efforts. Encourage NGOs to help people form self-help groups to start their own businesses.
Access to Financial Services Provide financial assistance to help people support themselves after rehabilitation. Encourage banks to offer loans to people who have completed training programs.
Awareness Generation Educate the public about the welfare programs available to those who beg. Discourage giving money directly to beggars and instead, direct them to support services. Launch campaigns to raise awareness about the dangers of forced begging.
Education Enroll children involved in begging in government or private schools. Ensure they receive free and compulsory education as mandated by law.
Skill Development Provide skill training to people in shelter homes based on their abilities and interests. Partner with government-approved training centers to offer these programs.

Recommendations for Implementing Actions to Address Begging in India

The key recommendations are as follows

  • Welfare Schemes and Assistance: Develop and implement welfare schemes for beggars, including financial assistance, vocational training, poverty alleviation, and employment opportunities.
  • Sociological and Economic Assessment: Conduct assessments to draft a law against human trafficking.
  • Identify Begging as a Cause: Recognize begging as a root cause of human trafficking and include penalties for those who exploit beggars.
  • National Database: Collect detailed information to create and regularly update a national database of beggars’ physical, mental, and social status.
  • Essential Services: Offer proper boarding, lodging, clothing, healthcare, and assistance with opening bank accounts.
  • Focus on Vulnerable Groups: Prioritize the needs of children, women, the elderly, persons with disabilities (PwDs), and those with substance abuse issues, as per existing laws.
  • Mental Health and Rehabilitation: Counseling Services: Provide mental health counseling, de-addiction, and rehabilitation services in shelter homes.
  • Right to Education for children: Enroll children aged 6-14 years involved in begging in schools, ensuring free and compulsory education under the Right to Education Act.
  • Support from NGOs and Civil Society: NGOs and civil society groups to help residents of shelter homes for SHGs and access loans for self-employment.
  • Employment Opportunities: Provide financial aid for future sustenance through the banking sector, with potential incentives or subsidies for banks.
  • Anti-Begging Cells: Create anti-begging cells with stakeholders, including NGOs, civil society organizations (CSOs), and human rights defenders, to tackle the issue effectively.

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Constitution and Begging

The Indian constitution does not mention begging explicitly. There are various provisions mentioned in the constitution  that prohibits begging 

  • Article 23(1) : This article prohibits exploitation in the form of forced laborers. It interprets begging as a form of exploitation. 
  • Article 21: This article gives right to life and personal liberty to the people of India. It shows that the government cannot force people to indulge in begging. 
  • Article 39(e) and (f) of the Directive Principles of State Policy : The article mentioned in DPSP emphasizes that state policy should be directed towards ensuring the right to adequate means of livelihood to the citizens, men, and women equally. 
    • It also ensures that health and strength of workers, children, men, and women are not abused and they are not forced to enter avocations unsuited to their age or strength. 
    • It also  directs the government to address root causes of begging such as poverty, unemployment, low skill, poor health,  etc. 

 

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