ANTI BEGGING ACT AND STREET BEGGING IN DELHI:
Research Question (Yet to be properly articulated)
CENTRE FOR CIVIL SOCIETY
Mehak Malik, June 2012
ABSTRACT
This paper argues for decriminalisation of begging, on both principle and practical grounds. It
disagrees with the definition of begging in the Bombay Prevention of Begging Act, 1959 and also
brings out the problems with the current system of execution of the Act.
It goes on to identify the current parallel of the institutions in the society; one of the government
and the other of voluntary institutions; in dealing with the homeless and indigent people and
proposes a collaborative system to combine each of theirs efficiency. Moreover, it argues for a
system where voluntary choices are available to the indigent rather than a coercive rehabilitation
to deal with the problem of homelessness in the society.
Through the paper, it has been brought out that the issue of begging is an issue of homelessness
and an issue of unemployment to a large extent. (cite: survey report by the department of social
work, Delhi University) and that the Anti-Begging Act is counter-productive to other parallel
institutions like Aman Biradri(Delhi), Ashray Adhikar Abhiyan (Delhi), Koshish (Mumbai), etc.
TABLE OF CONTENTS:
Introduction
How begging is an issue of homelessness and unemployment
Arguments for Decriminalisation of Begging
Principle
Practical
Stakeholders Analysis
Existing Institutional Solutions
Proposed changes and its comparison with existing institutional arrangements
INTRODUCTION:
The Bombay Prevention of Begging Act, 1959 was extended to the Union Territory of Delhi in
1960.
State few important provisions of the Act.
Prove that the Act is punitive in nature.
Cite examples of misuse.
Existing Institutional Solutions:
There are 2 kinds of parallel institutions that are targeting the same problem with approaches that
are to some extent counter-productive to each other.
1. Department of social welfare, through its execution of the Anti-Begging Act (Bombay
Prevention of Begging Act, 1959
2. National Policy for Homeless People which is implemented in association with Aman Biradri
and NGOs like Aashray Adhikar Abhiyan which emerged from a Planning Commission meeting
in Nov,1999 adopting a rights based approach to protect the homeless people.
Aashray Adhikar Abhiyan emerged from a Planning Commission meeting held on 19th November
1999 attended by the group of concerned individuals from the Government and Civil Society who
came together to address the problems of Homeless people of Delhi. It was noticed by the group
that there are many voluntary organizations, who are working on the Slums issues and very few
working for the homeless people.
Aashray Adhikar Abhiyan has adopted a rights based approach (drawing from the Constitution of
India and UN conventions and covenants of which India is a signatory) and takes as its foundation
the need to promote and protect the human rights of the homeless. Aashray Adhikar Abhiyans
primary goal is the empowerment of the homeless and the strengthening of their capacity to fight
for their own rights. (cite: Aashray Adhikar Abhiyan, Shelter Rights Campaign for homeless
in Delhi)
The Anti-Begging Act takes away choices from people, forcing them a detainment in beggar
homes for as high as 3-10 years and where conditions are worse than those of third-rate jails
where 'convicts' may be incarcerated for up to 10 years.
(cite: http://infochangeindia.org/human-rights/features/criminalising-beggars-instead-of-
rehabilitating-them.html).
An alternate approach adopted by Ashray Adhikar Abhiyan gives these homeless people a
legitimate choice to seek refuge.
ARGUMENTS FOR DECRIMINALISATION OF BEGGING:
Principle Grounds:
The principle arguments would revolve around the proportionality rule in law and the
argument would be extended to include General Personal Autonomy Right. Moreover, the
protection of rights for homeless is a prerogative of the state under the Directive
Principles of State Policy.
The proportionality rule emphasises on the punishment to be in accordance with the
crime and the General personal autonomy right requires that any criminalisation be prima
facie justifiable as a proportionate legislative response for dealing with a genuine societal
problem. (cite: Dennis J. Baker)
The punishment which can go on for as long as 10 years in as stringent as some punishments in
the Indian Penal Code for heinous crimes such as attempt to murder, rape, culpable homicide not
amounting to murder et al. The proponents of Anti-Begging Act call it a rehabilitative process,
but the truth is most of the times it is coercive, taking away ones freedom of choice.
Practical Grounds:
The treatment of beggars inside so called Beggar Homes is grossly inhumane. An account of a
vegetable vendor named Baishirabi, who was mistaken for a beggar and rounded up for begging
under the definition in BPB Act is as follows:
They forced us to sit naked in a row and splashed a mug of water on each of us.
Some years ago, the national media raised a storm when several beggars died of cholera at the
Lampur beggar home, underscoring the horrific, near-Dickensian conditions that prevail in these
homes.
