A ban on begging is no solution

SC rightly refused to take an elitist view

The Supreme Court has rightly refused to ban begging or to look at it as an individual aberration or a crime that needs to be tackled by law. A bench of Justice D Y Chandrachud and Justice M R Shah observed that it is a socio-economic problem and that people are forced to beg to eke out their livelihood due to the lack of education and jobs. The court said it would not take an “elitist view’’ reflected in a petition that sought removal of beggars from public places as they could spread Covid to road-users. Noting that people resort to begging not out of choice but due to poverty and deprivation, the court wanted to link it to the government’s social welfare policy. Conceding the need to vaccinate them, the court issued notices to the central and Delhi governments, answerable within a fortnight with a mention of the steps taken to rehabilitate them.

The court’s view is in line with earlier judicial decisions. The Delhi High Court had in 2018 struck down a law that made begging in the city a crime, observing that it “violates the fundamental rights of some of the most vulnerable people”. Though there is no central law on begging, some states have adopted the Bombay Prevention of Begging Act, 1959, which penalises beggary. Its provisions are often used by the police to detain, harass and otherwise oppress not only beggars but also homeless people, vagabonds, nomads, migrant workers and any poor person. There are petitions pending in the Supreme Court seeking repeal of the laws. A bill to decriminalise begging is also pending in Parliament. The last census placed the number of beggars in the country at four lakh; the actual number is likely much higher.

Giving and begging for alms is sanctioned by tradition and embodies some venerated values. But begging is a complex matter with cultural as well as social and economic dimensions. There is a dark side also to it, and in some cities, it has become an organised business, controlled by the mafia and human traffickers. A large number of children are abducted and many of them end up in begging. The rehabilitation homes for beggars are terrible places with abysmal conditions and inmates find streets better places to live. Eradication of beggary and rehabilitation of beggars will have to take all these into consideration and address each of them. The law, in any case, is no solution. Any law about anything has to be humane and should have empathy for the poor and the distressed. As the court said, “keeping them away from our eyes is no solution.”