Ban on Begging

7 Feb 2025

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

Pros Cons
  • Reduces exploitation by begging cartels
  • Encourages rehabilitation programs
  • Improves urban aesthetics and tourism
  • Addresses public health and safety concerns
  • Promotes donations to credible charities
  • Criminalizes poverty, targeting vulnerable groups
  • Lacks adequate infrastructure for rehabilitation
  • Violates dignity and right to livelihood
  • May push beggars into illegal activities
  • Enforcement challenges and misuse of laws

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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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