SOCIETY AND POLITY - TriumphIAS

Table of Contents

Decriminalizing Begging:-

The Delhi High Court decriminalised begging, striking down as “unconstitutional” the provisions which made it an offence. The court said that criminalising begging violates the most fundamental rights of some of the most vulnerable people in society.
The decision will bring about sea changes in the law wherein the persons alleged to have committed the offence of begging would not be charged as it will be outside the purview of law.
People in this stratum do not have access to basic necessities such as food, shelter and health, and in addition criminalising them denies them the basic fundamental right to communicate and seek to deal with their plight.

Delhi Prevention of Begging Rules, 1960, formulated under the Bombay Prevention of Begging Act, 1959, makes begging an offence. Under this offence, beggars were often picked up and produced before the courts from where they sent to beggar homes.
These provisions either treat begging as an offence committed by the beggar, or deal with ancillary issues such as powers of officers to deal with the said offence, the nature of enquiry to be conducted therein, punishments and penalties to be awarded for the offence, the institutions to which such “offenders” could be committed and procedures following the awarding of sentence for committing the said offence.
The bench spared the necessity of striking down the entire Act and dealt with 25 sections which either treat begging as an offence committed by the beggar or deal with ancillary issues such as powers of officers to deal with the said offence among others.
While striking down the provisions under the Act to criminalise begging, the court also slammed the government for its failure to ensure the bare essentials of the right to life to all its citizens, even in Delhi, the national Capital.
The bench, however, said that the state is at liberty to bring in alternative legislation to curb any racket of forced begging after undertaking an empirical examination on the sociological and economic aspects of the matter.

If the State wishes to criminalise specific types of forced beggary, it has to first think out a clear factual basis and impact thereof to pass a well thought legislation after due application of mind and being mindful of the rights provided under the Constitution of India.