The Supreme Court has asked the Centre and four states — Maharashtra, Gujarat, Punjab, Haryana and Bihar — to file their response on a plea seeking a direction to repeal the provisions criminalising begging.

In February, the Supreme Court had sought a response from the Centre, and the four states on the plea which has claimed that the sections of the statute criminalising begging are violative of constitutional rights.

The apex court has posted the matter for hearing after three weeks.

A plea filed has referred to the August 2018 verdict of the Delhi High Court which had decriminalised begging in the national capital and said that provisions of the Bombay Prevention of Begging Act, 1959 which treats begging as an offence cannot sustain constitutional scrutiny.

It said that the government has the mandate to provide social security to everyone and ensure that all have basic facilities, as embedded in the Directives Principles of State Policy in the Constitution.

Beggary

• The word ‘beggar’ or ‘beggary’ is not mentioned in any of the lists of the Constitution. However, as per entry-9 of the State List in the Seventh Schedule of the Constitution, “Relief of the disabled and unemployable” is a State subject.

• As per entry 15 of the Concurrent List, “Vagrancy” is mentioned which is a variation of beggary.

• Several social security safeguards have been put in place to rehabilitate the beggars, many of whom are young children. However, increasing incidents of begging across the country demonstrate a stark failure of the existing social security system, thus necessitating concerted remedial measures. 

• India’s urban centres, especially the metro cities, have been facing this problem of begging.  Organised crime syndicates are using the beggars and children to promote their sinister designs. 

• In many cases, it has also been seen that the organs of children begging on the roads are traded by illegal organ traders. Many orphan children secure their livelihood by begging. This has contributed to India’s burden of illiterates and out of school children.

• As per the 2011 Census, 4,13,670 beggars including 2,21,673 males and 1,91,997 females are residing in India. 

• Union Social Justice Minister Thawar Chand Gehlot informed the Rajya Sabha that West Bengal ranked top with 81,224 beggars followed by 65,835 beggars in Uttar Pradesh, 30,218 in Andhra Pradesh. Lakshadweep has only two beggars.

• According to the ministry of social justice and empowerment, 20 states and 2 Union Territories have either enacted their own anti-beggary legislation or adopted the legislation enacted by other states. 

• These anti-beggary laws are mostly based on the Bombay Prevention of Begging Act, 1959 which criminalises the act of begging and any person found involved in it can be arrested without warrant.

• The provisions of these legislations differ across the states and their status of implementation, including the measures taken for rehabilitation of beggars, are also not uniform.

• The ministry’s approach towards addressing the problem of beggary is rehabilitative rather than punitive. 

• Accordingly, the ministry is in the process formulating a model legislation on destitution which could be suitably adopted/adapted by the states/UTs and also formulating a scheme for protection, care and rehabilitation of destitutes.

• As of now, there is no comprehensive scheme for the welfare of persons engaged in the act of begging. The ministry has undertaken pilot programmes in 10 cities for a project on comprehensive rehabilitation of persons engaged in the act of begging. 

• These programmes are implemented with the support of state governments/local urban bodies and voluntary organisations, etc which provide comprehensive measures, including survey and identification, mobilisation, rehabilitation, provision of medical facilities, awareness generation, counselling, education, skill development and sustainable settlement of persons engaged in begging. 

• In 2018, the government introduced a Bill to provide for abolition of begging and rehabilitation of beggars, but it has not been passed.

Manorama Yearbook app is now available on Google Play Store and iOS App Store