Indian Railways may soon decriminalise begging, smoking in trains: Report

The Ministry of Railways has proposed to decriminalise begging at railway stations and in trains, according to multiple media reports.

The Ministry has also moved a proposal for making smoking a compoundable offence, by levying a spot fine and dropping charges against the offender as part of an exercise to rationalise penalties under the Railway Act, 1989 provisions. As the provisions are “seldom invoked and can often be used to harass people”.

DH could not independently verify the reports.

Decriminalising begging

The provision of jail and fine for begging will be done away with and focus will be shifted to imposing higher penalties on those found smoking in trainsto emphasise on prevention rather than punishment, Railways officials told Times of India.

A top railway official told the publication that the proposed revision comes after communication from cabinet secretariat to “decriminalise certain offences”.

“This Act is not used anyway… So it is better to do away with it since it is also an inhuman law, which criminalises and slaps fines on people who have no option but to beg. The Railways is reviewing the Act, so it was a good time to do away with this provision,” an official told The Print.

Under Section 144 (2) of the Railways Act, if any person begs in any railway carriage or upon a railway station, they are liable for punishment under sub-section (1), that prescribes imprisonment for a term which may extend to one year, or with fine which may extend to Rs 2,000, or with both.

"This doesn't mean that railways will allow or encourage begging at stations and in trains. Decriminalisation doesn't mean it will be legalised. Surveillance by RPF and other staff will be increased to prevent such activities," a Ministry official told TOI.

Many departments across ministries have proposed increasing fines rather than the arrest of offenders, the report stated.

On smoking in trains

The Hindu reported that the railways now proposed to amend section 167 (1). “Provided that the person liable to pay the fine under this section is willing to pay such fine immediately, the officer authorised may compound the offence by charging the maximum fine payable under the section concerned, and the sum so recovered shall be paid to the railway administration and the offender compounded shall be discharged and no further proceeding shall be taken against him/her in respect of such offence," the source told the publication.

Under section 167 (1), no person in any compartment of a train shall, if objected smoking to by any other passenger in that compartment, smoke therein. Notwithstanding that, the railway administration may prohibit smoking in any train or part of a train. Whosoever contravenes the provisions shall be punishable with fine which may extend to Rs 100.

The Ministry has sought feedback from people which can be sent to [e-mail] or by post to Ravinder Singh, Deputy Director/TG-V, Room No. 445, Rail Bhavan, New Delhi.

In December last year, the Delhi High Court decriminalised begging in the national capital, saying provisions penalising the act were unconstitutional and deserved to be struck down.