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Picture Courtesy: TOI

Context:

The Bhopal district collector issued orders prohibiting begging in the district.

Key Points of the Order

Prohibition of Begging:

• The order prohibits begging in all public places in Bhopal.
• It also criminalizes giving alms to beggars.
• Violators, including beggars and those offering alms, can face FIRs and legal action.

Legal Basis:

The order is issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• This section empowers district magistrates, sub-divisional magistrates, or executive magistrates to issue orders in cases of nuisance or apprehended danger.
• The order can direct individuals or the general public to abstain from certain acts in a specific area.

Non-compliance can lead to action under Section 223 of the Bharatiya Nyaya Sanhita (BNS):

• Punishment includes simple imprisonment up to 6 months, a fine of up to Rs 2,500, or both.
• If the disobedience endangers human life, health, or safety, imprisonment can extend to 1 year, and the fine to Rs 5,000.

Duration of the Order:

• Orders under Section 163 BNSS remain in force for up to 2 months, extendable to 6 months with state government approval.

Begging Laws in India

Historical Background:

• The Bombay Prevention of Beggary Act, 1959 was the first law criminalizing begging in India.
  • • It was rooted in colonial-era laws targeting vagrants (homeless or itinerant individuals).
    • The Act allowed authorities to detain beggars indefinitely in certified institutions.
• Similar laws were enacted in other states.

Delhi High Court Judgment (2018):

The Delhi High Court struck down several provisions of the Bombay Act as unconstitutional.

• The court decriminalized begging, stating that it is often a last resort for survival and not a choice.
• It emphasized that the presence of beggars reflects the state’s failure to provide social security and basic facilities.
• However, provisions related to forced begging or begging rackets were not struck down.

Many states, including Maharashtra, continue to criminalize begging under the Bombay Act. There is no central law on begging, and states have their own laws, often modeled after the 1959 Act.

Criticism of Criminalizing Begging

Critics argue that criminalizing begging is anti-poor and fails to address the root causes of poverty and homelessness. Instead of punitive measures, rehabilitation-centric interventions are needed.

Criminalizing begging is seen as a violation of Article 21 (right to life and personal liberty) and Article 14 (right to equality). The Delhi High Court’s 2018 judgment highlighted that begging is often a result of systemic failures, not criminal behavior.

Detention and punishment do not address the underlying issues of poverty, unemployment, and lack of social security. Rehabilitation and support systems are more effective in reducing begging.

Alternative Approaches

The Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016 proposed repealing beggary laws and focusing on rehabilitation. It recommended setting up rehabilitation centers in each district. However, the bill was not enacted.

Governments should focus on providing social security, employment opportunities, and healthcare to vulnerable populations.

It includes provisions for the care and rehabilitation of homeless individuals with mental illnesses. It emphasizes community-based care over institutionalization.

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Source: 

INDIAN EXPRESS