OBJECTIVES •To know whether India being a developing country is facing problems related to begging. •To know whether people who are begging have genuine reason to do so. If not then who is behind such a thing. •To know whether the laws made by the government are sufficient for eradicating begging from the streets. HYPOTHESIS •That India is facing a grave problem: begging and it hinders the growth of the country. •That, a meagre amount of people has genuine reason to beg, the rest are considering it to be their profession. That the laws made by the government are not sufficient as it has done little to eradicate the beggars from the streets. INDIA AND ITS PROBLEM Averaging an economic growth rate of 7. 5% during the last few years, India has more than doubled its hourly wage rates during the last decade. Moreover, since 1985, India has moved 431 million of its citizens out of poverty, and by 2030 India’s middle class numbers will grow to more than 580 million.
Although ranking 51st in global competitiveness, India ranks 16th in financial market sophistication, 24th in the banking sector, 27th in business sophistication and 30th in innovation, ahead of several advanced economies. With seven of the world’s top 15 technology outsourcing companies based in India, the country is viewed as the second most favourable outsourcing destination after the United States. India’s consumer market, currently the world’s thirteenth largest, is expected to become fifth argest by 2030. Its telecommunication industry, the world’s fastest growing, added 227 million subscribers during 2010–11its automobile industry, the world’s second-fastest growing, increased domestic sales by 26% during 2009–10, and exports by 36% during 2008–09. Despite impressive economic growth during recent decades, India continues to face a number of socio-economic challenges. India contains the largest concentration of people living below the World Bank’s international poverty line of $1. 5/day, the proportion having decreased from 60% in 1981 to 42% in 2005. Half of the children in India are underweight and 46% of children under the age of three suffer from malnutrition. Since 1991, economic inequality between India’s states has consistently grown: the per capita net state domestic product of the richest states in 2007 was 3. 2 times that of the poorest. Corruption in India is perceived to have increased significantly, with one report estimating the illegal capital flows since independence to be US$462 billion.
Driven by consistent growth, India’s nominal GDP per capita has steadily increased from U$463 in 2001 to U$1, 176 by 2010, yet it remains lower than those of other Asian developing countries such as Malaysia, Thailand, Indonesia, and Iran. According to a 2011 PwC report, India’s GDP at purchasing power parity will overtake that of Japan during 2012 itself and that of the United States by 2045. Moreover, during the next four decades, India’s economy is expected to grow at an average of 8%, making the nation potentially the world’s fastest growing major economy until 2050.
The report also highlights some of the key factors behind high economic growth — a young and rapidly growing working age population; the growth of the manufacturing sector due to rising levels of education and engineering skills; and sustained growth of the consumer market due to a rapidly growing middle class. However, the World Bank cautions that for India to achieve its economic potential, it must continue to focus on public sector reform, transport infrastructure, agricultural and rural development, removal of labor regulations, education, energy security, and public health and nutrition.
Though it is quite impressive, the biggest challenge is to how to overcome begging. Begging is to entreat earnestly, implore, or supplicate. It often occurs for the purpose of securing a material benefit, generally for a gift, donation or charitable donation. When done in the context of a public place, it is known as “ panhandling”, perhaps because the hand and arm are extended like the handle of a cooking implement, and not infrequently, a kitchen implement such as a pot or cup may be used. Planning Commission of India has officially declared that 37. percent of Indian population lives below poverty line (BPL) which was earlier 27. 5 percent of the population. This pegs the number of destitutes in the country at 410 million, about 100 million more than the previous estimate. This change in BPL population is not only due to dwindling income levels of the poor but also due rise in prices of essential commodities like cereals, pulses, sugar, etc. Based on this revised estimate, legislation is being planned to give Indian poor a right to state-subsidized food grains. EARLY SYSTEMS AND LAWS
The earliest laws created by a civilized society were by the English. The “ English Poor Laws” were a system of poor relief which existed in England and Wales that developed out of late-medieval and Tudor-era laws before being codified in 1587–98. The Poor Law system was in existence until the emergence of the modern welfare state after the Second World War. •English Poor Law legislation can be traced back as far as 1536, when legislation was passed to deal with the impotent poor, although there is much earlier Tudor legislation dealing with the problems caused by vagrants and beggars. The history of the Poor Law in England and Wales is usually divided between two statutes, the Old Poor Law passed during the reign of Elizabeth I and the New Poor Law, passed in 1834, which significantly modified the existing system of poor relief. •The later statute altered the Poor Law system from one which was administered haphazardly at a local parish level to a highly centralized system which encouraged the large scale development of workhouses by Poor Law Unions.
The Poor Law system was not formally abolished until the National Assistance Act 1948, with parts of the law remaining on the statute book until 1967. •The Poor Law system fell into decline at the beginning of the 20th century due to several factors •These factors include the introduction of the Liberal welfare reforms and the availability of other sources of assistance from friendly societies and trade unions, as well as piecemeal reforms which bypassed the Poor Law system. Publications A Caveat or Warning for Common Cursitors, vulgarly called vagabonds was first published in 1566 by Thomas Harman.
From early modern England other examples are Thomas Harman and Robert Greene in his pamphlets he titles of which included “ The Defence of Conny-catching,” in which he argued there were worse crimes to be found among “ reputable” people. There is no reason to suppose that what he recorded was new. The Beggar’s Opera is a ballad opera in three acts written in 1728 by John Gay. The Life and Adventures of Bampfylde Moore Carew was first published in 1745. There are similar writers for many European countries in the early modern period. According to Jackson J.
Spielvogel, “ Poverty was a highly visible problem in the eighteenth century, both in cities and in the countryside. Beggars in Bologna were estimated at 25 percent of the population; in Mainz, figures indicate that 30 percent of the people were beggars or prostitutes. In France and Britain, by the end of 18th century, an estimated 10 percent of the people depended on charity or begging for their food. ” THE SURVEY OF A MAJOR ISSUE Associated with the problems of poverty and unemployment, is the problem of beggary which is a social problem of great magnitude and grave concern in developing countries.
Begging is a problem for society in as much as a large number of beggars means non utilization of available human resources and drag upon the existing resources of the society. According to a recent survey by Delhi School of Social Work there has been a phenomenal increase in the numbers of beggars in India. • In a decade since 1991 their number has gone up by one lakh. There are about 60, 000 beggars in Delhi, over 3, 00, 000 in Mumbai according to a 2004 Action Aid report; nearly 75000 in Kolkata says the Beggar Research Institute; 56000 in Bangalore, according to police records. In Hyderabad one in every 354 people is engaged in begging according to Council of Human Welfare in 2005. It is common to find beggars at rubbish dumb, road sides, and traffic lights and under flyovers. The frail, cripple and mentally ill share space with children, women and able bodied men. The line that separates beggars from the casual poor is getting slimmer in a country where one in every four goes to bed hungry every night and 78 million are homeless. • As far as Delhi Is concerned, over 71% of Delhi’s beggars are driven by poverty.
More than 66% beggars are able -bodied. •The survey reveals that begging as a livelihood wins over casual labour. For 96% the average daily income is Rs 80 more than what daily wage earners can make. •Spending patterns also reveals a unique pattern: 27% beggars spend Rs 50-100 a day. Mumbai is home to majority of beggars. According to the Maharashtra Government they are worth Rs. 180 crore a year with daily income ranging between Rs 20-80. Almost every survey profiles beggars as a largely contented lot unwilling to take up honest labour. Nearly 26% in the DSSW survey claimed they were happy. 81% claimed that they do not face any problem during begging and only 15% mentioned humiliation from public and police. •A survey done in 2004 by the Social Development Centre of Mumbai revealed similar attitude. The majority of beggars see it as a profitable and viable profession. However study published in the International Journal of Psychological Rehabilitation by Dr Yogesh Thakker reveals that 39% of the 49 beggars surveyed in Gujarat’s Baroda district by a group of medicos suffer from one or other psychiatric illness. Nearly 74% of them had a history of addiction, psychiatric illness in the family and poor attitude of family members towards them. •Over 68% admitted to feeling of shame and losing self-esteem, 25% to guilt, 4% to suicidal tendencies and 8% to anti-social activities. There is no proper enumeration of beggars in the country. Moreover the number of women and children is ever increasing. The 1931 census mentioned just 16% women beggars. The figure shot up to 49% in 2001. There are 10 million street children many among who beg for livelihood. REASONS FOR BEGGING
Most of the poor people live in Indian villages or have their roots in villages and migrated to urban areas in search of their livelihoods. So, genesis of poverty is condition of Indian villages which have no employment opportunities except the poor farmers who themselves are not better off. So, solution to poverty lies in creating employment opportunities in the villages to provide work to every hand and thereby to enable people earns their livelihood. Mahatma Gandhi Employment Guarantee Scheme now in operation in villages is part of corrupt practices India is submerged in all its sectors of governance and administration.
It is not a natural means of employment but is artificially created to help the poor and label them as destitute. The right way would have been to encourage cottage industries in the villages which in turn require development of infrastructural facilities in the rural areas. In many such areas, railway network is missing, roads are muddy and pitted, electricity is scarcely available, and even availability of drinking water is a problem. In villages, agricultural land is the only source of livelihood which is gradually sliding from cultivators to hands of urban rich people ushering in the old zameendaree tradition in the country.
Poor people of the villages fail to protect themselves from the onslaught of this nasty tradition. This is regularly augmenting number of destitute in the country. Changing attitude The biggest problem lies in the changing attitude towards beggars. According to Mr Upendra Baxi former vice-chancellor, traditionally begging has been an accepted way of life in India. Giving alms to the needy was built into the social fabric. That changed with the colonial rule. To the Victorians, beggary embodied laziness and moral degeneration.
Colonial laws held a beggar punishable for his condition. The newly independent nation imbibed this attitude towards poverty. In the new millennium the Government doesn’t want them lying around middle class and regards them as a nuisance. Hinduism and Islam, the two principal religions of India, encourage begging, since they enjoin their followers to support beggars. Both religions extol the contemplative life, especially that of the religious mendicant, which encourages the emergence of large numbers of both genuine and bogus religious mendicant.
PT BAUER pointed out that, in India, there were no Sikh, Parsi or Jain beggars – because these communities discourage beggary (a blot on the entire community), encourage self-help, and practice collective charity effectively. Among the Sikhs, for example, the Gurudwara hosts a daily langar where any poor person is free to eat to his heart’s content. But with it comes a positive motivational factor: the same poor man is encouraged to go out, struggle, and earn a living and one day host a langar of his own for the poor.
There is also a negative motivational factor: if any Sikh is found begging, other Sikhs will come and beat him up •The question is: Who is a true friend of the poor and who is an enemy? • It begins to look more complex as we scratch the surface of Third World poverty and look at phenomena like w widespread beggary with a more critical eye. Migration The third problem is that of migration of rural richness to urban areas because anybody getting some education or coming to a level of being resourceful migrates to urban areas because of scarce availability of health and educational services in the villages.
If such people are made to stay in the villages, their spending and thinking would be sufficient to satisfy many needs of the poor people. Dwindling incomelevels Income is a relative term. Since 15 percent of Indian population is rich enough being in control of government and administration of the country, it has means of exploiting the poor and utilizing it to its best further adding to its richness. In the process, the poor get more poor and their number keep on swarming. The rich people, being in control of government and administration, are self-centered and take good care of its own interests.
As a result, salaries and allowances of government employees and politicians are revised every now and then siphoning all the national wealth to their pockets. Corruption further augments this siphoning. Comparatively, there are no provisions for revising income levels of the poor people living in rural areas. Today a hard-working rural poor is available for hiring on a wage of Rs 1000 a month, while minimum wage of a government employee comes to Rs 20, 000 a month after adding all the conveniences he/she gets for just being on pay-rolls of the government.
This population of rich Indians makes a huge market for luxury goods and so most of the resources of the country are directed towards making lives of rich people more comfortable and luxurious, thereby leaving nothing to take care of the poor people. As a result, prices keep on spiraling and even essential commodities are going out of purchasing power of the poor 85 percent population of the country. Official Promotion of Beggary What all the government does to please the poor people is to launch welfare schemes in the name of benefiting the poor.
But the fact remains that all such schemes are aimed at opening more channels of corruption favoring the rich. Provisions of mid-day meals, dresses, books in primary schools run by the government promote a psychology of beggary and inferiority complex in the children while their rich counterparts get education in privately owned public schools. Social welfare measures such as housing aids, pensions, subsidized food-grains, etc. make the poor to feel that they live at mercies of the government officials and if they accept this fact psychologically, they would continue to be helped and need not to earn their livelihoods.
This has lowered productivity of the poor people making them more vulnerable to exploitation through mercies. This has made India a huge ocean of beggars. AN ORGANIZED BUSSINESS Today everyone around the world is aware about the growth story of India, however very less people are aware about the increasing trend of begging in India. Present beggars of India are much superior to their previous generations. In simple words, we can say that these beggars have brought professionalism in their jobs. Beggary is a major problem which is today affecting large population of India.
First people are those who are involved in various beggary related jobs and second ones are the rest population of India which is exploited by these beggars. Most of the time, we all people have view that these beggars are innocents and are sufferers of societies inequalities. To some extent we all people are right, there are large number of beggars in India who are forced in to doing begging because our societies fails in providing any good alternative to them. The other issue is slightly more serious where large numbers of beggars are in begging for earning easy money or certain mafias are making money on their names.
The major issues with this beggary problem are non awareness about this whole business, society’s failure, no humanitarian solutions and failure of government in stopping beggary. It is very easy to see these beggars performing various new and old tricks for begging in buses, busy markets, and parks and around public places. Some of the beggars of India are so intelligent that they use all kinds of the psychological and emotional tricks to make people feel sympathetic with them.
As per an articles published in the leading Indian daily, a women beggar was able to save good many, buy few insurance policies, marry her two daughters and a son, and contracted a three room home. These are not some of the stories in isolation, there are number of other baggers who have achieved similar or better heights. Most of these beggars are masters in playing with our emotions and making us to pay them. An average beggar beg at least in front of 1000 people in a single day and at least 100 people among them give these beggars from single rupee to ten rupees.
It is not hard to find beggars in India who are earning Rs 1000 or above per day from begging still we feel that by giving one and two rupees what will happen to these beggars. In bigger cities, this collective money is very large and therefore large numbers of mafias are also involved in this begging business, which kidnap innocent children and make people artificially handicapped for using them in beggary. Even large numbers of leading doctors and police officers are also helping them in all this. All this is causing a lot of threat to India.
In many big cities in India beggars are much organized and do their work with lot of planning. Some beggars have gone inhuman to extreme extent. According to this trend, beggars especially woman make their children unconscious by giving them some unconscious causing drugs and then beg from the people for their recovery and taking them to hospital. The other side of this story is that often these children are not their own, they were either purchased from poor families or kidnapped from different places of India. Many of these children die or lose their mental balance due to this regular poisoning.
The shameful thing is that our government is eye closed on all this. Some of these beggars beg in the morning and do robberies in the night. It is not good to blame them alone, as a society we all are responsible for this. However the major problem is that most of the people are so much busy with their daily lives that they do not give any attention to this field. Overall begging is a great resource generator for many people and many people in India are happily employed with the begging work. However, in this rosy picture there are hidden many ugly facts which requires our immediate attention.
These ugly facts are exploitation and torture of number of innocent children and people for forcefully pushing them in to this business. Begging needs an immediate attention from all of us, otherwise human exploitation will go on unnoticed behind this flourishing trade. INDIAN LAWS: A SET BACK? India’s beggary laws are a throwback to the centuries old European vagrancy laws which instead of addressing the socio-economic issues make the poor criminally responsible for their position. The definition of beggar in law states as anyone who appears poor. The anti-beggar legislation is aimed at removing the poor from the face of the city.
The beggars who have spent years on the street find it very difficult to live in confined space. There are provisions for vocational training in the government run beggar homes. But these are worse than the third rate jails where convicts can spend up to 10 years. India as a nation needs to think for its begging population. With the nation aspiring to achieve world standards in every field socio-economic measures are needed to curb the begging problem in India. The solution calls for a comprehensive program and reorientation of the existing programs.
Philanthropic approach to beggar problem should be replaced by therapeutic and rehabilitative work. As far as the states are concerned, Orrisa has been taking steps to eradicate begging from the streets. Still the commission feels that the existing laws are not enough. A recent case was as follows:- In Orissa:- The Supreme Court declined to entertain a petition challenging the provision in law allowing arrest and imprisonment of beggars. A Bench comprising Chief Justice Y K Sabharwal and Justice C K Thakker allowed the petitioner to withdraw the PIL with the liberty to approach before the appropriate forum.
The petition filed by one Parshadi, who was arrested on the charge of begging, had challenged the Constitutional validity of the Bombay Prevention of Begging Act, 1959 and other similar acts which makes poverty per se a crime and authorizes the incarceration of poor, disabled and sick persons for long periods of time. Before declaring the PIL dismissed as withdrawn, the Bench posed question to senior advocate Collin Gonsalves as to how the Act which prohibits begging was unconstitutional. The advocate submitted that how can a beggar be arrested.
Challenging the incarceration of beggars and their families, who can make out an existence only by begging, as unconstitutional, the PIL contended that it runs contrary to Article 21 in as much as the fundamental Right to life is transgressed in the case of poor and ill persons. The petition also cited the instance of a commission appointed by the Bombay High Court as a result of a Petition filed in 1990 which remarked that the Act does not distinguish between the beggars who beg out of sheer helplessness created by physical handicap, disease, old age and poverty and the professional beggars.
The commission felt that real improvement cannot take place under the existing Act and new legislation in keeping with the needs of present society is absolutely necessary, the petition submitted. Steps taken in Delhi Delhi government’s counsel told a division bench of Justice Sanjay Kishan Kaul and Justice Ajit Bharioke that most of the beggars in the capital are from other states. Counsel said co-ordination with the states is difficult without the intervention of the central government. The court then issued a notice to the central government on the issue.
On July 21 2010, the court had pulled up the state government for its lax approach in dealing with beggars and set a 15-day deadline for it to explain steps taken to curb the menace. The court had also asked the government to have more mobile courts to deal with beggary cases. Delhi’s lieutenant governor has approved the setting up of courts with a special metropolitan magistrate, a stenographer and a probationary officer, the state government informed the court. LAWS IN GUJARAT Gujarat adopted the “ Bombay Prevention of Begging Act, 1959”. The government hasn’t been able to implement the law to its full force due to religious conflicts.
Recently, the Gujarat High Court asked the state government to formulate a policy to address the rehabilitation of beggars and consider sending them to villages and offering them jobs there. A bench comprising Chief Justice S. J. Mukhopadhaya and Justice K. M. Thaker told the government to finalise its policy on the issue within three weeks. The court noted that the rehabilitation and development was the only option for dealing with the issue of beggars in the state. It suggested the state government rehabilitate the beggars in villages and emphasized on ensuring implementation of various central and state schemes to provide them employment.
The government counsel contended that there was no permanent solution to the issue as many of the beggars were willingly engaged in begging and did not want to do anything else. He said that the Bombay Beggary Prevention Act was in force in the state and beggars were dealt with under the law. The court was hearing a public suit filed by Joseph Chelliah, who sought the court’s directions to the central and state governments to take necessary action to protect the fundamental rights of mentally challenged orphans, including beggars, or to allow their mercy killing.
THE BOMBAY PREVENTION OF BEGGING ACT, 1959 INTRODUCTION For the purpose of making uniform and better provisions for the prevention of begging in the State of Bombay; for the detention, training and employment of beggars and their dependents in certain institutions; for the custody, trial and punishment of beggar offenders and for these and other purposes it was proposed to enact a law. Accordingly the Bombay Prevention of Begging Bill was introduced in the Legislative Assembly.
ACT X OF 1960 The Bombay Prevention of Begging Bill having been passed by the Legislative Assembly and having been assented by the Governor came into force as THE BOMBAY PREVENTION OF BEGGING ACT, 1960 (X of 1960). It has been extended to the Union Territory of Delhi (National Capital Territory of Delhi) by G. S. R. 638, dated 2nd June, 1960. THE BOMBAY PREVENTION OF BEGGING ACT, 1959 (Bombay Act X of 1960) As extended to the Union Territory of Delhi*
An Act to consolidate and amend the law relating to beggars for the purpose of making uniform and better provision for the prevention of begging in the State of Bombay and for matters connected therewith. Where it is expedient to make uniform and better provision for the prevention of begging in the State of Bombay; for the detention, training and employment of beggars and their dependents in certain institutions; for the custody, trial and punishment of beggar offenders. And for these and other purposes to consolidate and amend the law relating to beggars.
It is hereby enacted in the Tenth year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. short title, extent, commencement and repeal of corresponding laws and provisions. – (1) This Act may be called the Bombay Prevention of Begging Act, 1959. 2. It extends to the whole of the Union Territory, Delhi. *] 3. It shall come into force on such date as the Chief Commissioner may by notification in the Delhi Gazette, appoint. ] 2. Definitions. – (1) In this Act, unless the context otherwise requires,- (i) “ Begging” means- a) Soliciting or receiving alms, in a public place whether or not under any pretence such as singing, dancing, fortune telling, performing or offering any article for sale; (b) entering on any private premises for the purpose of soliciting or receiving alms; (c) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound injury, deformity of diseases whether of a human being or animal; (d) having no visible means of subsistence and wandering, about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exist soliciting or receiving alms; . Vide G. S. R. 638, dated 2nd June, 1960, published in the Gazette of India, Pt. II, Sec3 (i), dated 11th June, 1960. Now the National Capital Territory of Delhi. 2. Subs. by G. S. R. 638, dated 2nd June, 1960. 3. Came into force on 1-3-1961, vide Notification No. F. 1 (185)/60-DSW(1), dated 10th February, 1961, published in the Delhi Gazette, Extra. , dated 23rd February, 1961. Sec. ] The Bombay Prevention of Begging Act. 1959 (e) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; but does not include soliciting or receiving money or food or given for a purpose authorizes by any law, or authorized in the manner prescribed by [the Deputy Commissioner or such other officer as be specified in this behalf by the Chief Commissioner]. ii) “ Certified Institution” means any institution which the [Chief Commissioner] provides and maintains for the detention, training and employment of beggars and their dependants and includes an institution certified to be such under sub-section (1) of section 13; (ii a) “ Chief Commissioner” means the Chief Commissioner of Delhi;] (iii) “ Chief Inspector” means the person appointed to be Chief Inspector of Certified Institutions under sub-section (1) of section 17 and includes an Additional Chief Inspector appointed under that section; (iv) “ Child” has the meaning assigned to it in the Children Act;] (v) “ Children Act” means the law for the time being in force in the Union Territory of Delhi* relating to neglected and delinquent children and providing for their care, protection and other matters;] (vi) “ Court” means any court exercising criminal jurisdiction in the area in which this Act is in force;] (vii) “ prescribed” means prescribed by rules made under this Act; (viii) “ Probation Officer” means an officer appointed to be Probation Officer under sub-section (1) of section 17; (ix) “ public place” includes a railway compartment; (x) “ Reception Centre” means an institution for the receiving and temporary detention of beggars provided by the [Chief Commissioner] or certified to be such under sub-section (1) of section 12; (xi) “ Superintendent” means a Superintendent of a Receiving Centre or a Certified Institution, as the case may be. CHAPTER II PROCEDURE FOR DEALING WITH BEGGARS AND BEGGAR OFFENDERS 3. Power of courts. The powers conferred on courts by the Act shall be exercised only by the High Court, a Court of Sessions, 4[***] a Magistrate of first class, 1[a court constituted under the Children Act,] or any other, court exercising criminal jurisdiction in the area, and may be exercised by such courts whether the case comes before them originally or on appeal or revision. 1. Subs. by G. S. R. 638, dated 2nd June, 1960. 2. Ins. by G. S. R. 638, dated 2nd June, 1960. * Now the National Capital Territory of Delhi. 3. Sub-section (2) omitted by G. S. R. 638, dated 2nd June, 1960. 4. The words “ a Presidency Magistrate” omitted by G. S. R. 638, dated 2nd June, 1960. 4. Power of require person found begging to appear before court. (1) Any police officer, or other person authorized in this behalf in accordance with rules made by the [Chief Commissioner] may arrest without a warrant any person who is found begging: Provided that no person entering on any private premises for the purpose of soliciting or receiving alms shall be so arrested or shall be so arrested or shall be liable to any proceedings under this Act except under a complaint by the occupier of the premises. (2) Such police officer or other person shall take or send the person so arrested to a court. (3) The provisions of section 61 of the Code of Criminal Procedure, 1898 (V of 1898)* shall apply to every arrest under this section and the officer in charge of the police station shall cause the arrested person to be kept in the prescribed manner until he can brought before a court. COMMENTS Any person who is found begging can be arrested by any police officer or by any person who is authorized in this behalf. 5. Summary inquiry in respect of persons found begging and their detention. – 1) Where a person who is brought before the court under the last proceeding section is not proved to have previously been detained in a Certified Institution under the provisions of this Act, the court shall make a summary inquiry, in the prescribed manner, as regards the allegation that he was found begging. (2) If the inquiry referred to in sub-section (1) cannot be completed forthwith the court may adjourn it from time to time and order the person to be remanded to such place and custody as may be convenient. (3) If on making the inquiry reference to in sub-section (1), the court is not satisfied that the person was found begging, it shall order that such person be released forthwith. (4) If on making the inquiry referred to in sub-section (1), the court is satisfied that such person was found begging, it shall record a finding that the person is a beggar. 5) The court shall order the person found to be a beggar under the last preceding sub-section to be detained in a Certified Institution for a period of not less than one year, but not more than three years: Provided that, if the court is satisfied from the circumstances of the case that the person found to be a beggar as aforesaid is not likely to beg again, it may after due admonition release the beggar on a bond for the beggar’s abstaining from begging and being of good behavior, being executed with or without sureties as the court may require by the beggar or any other person whom the court considers suitable. (6) In passing any order under the provisions of this Act, the court shall have regard to the following considerations, that is to say:- (i) the age and character of the beggar, (ii) the circumstances and conditions in which the beggar was living, (iii) reports made by the Probation Officer, and (iv) 1. Subs. by G. S. R. 638, dated 2nd June, 1960. * See Code of Criminal Procedure, 1973 (2 of 1974). Sec 8] The Bombay prevention of Begging Act, 1959 (iv) Such other matters as may, in the opinion of the court, require to be taken into consideration in the interest of the beggar. 7) The report of the Probation Officer or any other report considered by the court under the sub-section immediately proceeding, shall be treated as confidential: Provided that if such report relates to the character, health or conduct of or the circumstances and conditions in which, the beggar is living the court may, if it thinks expedient, communicate the substance thereof to the beggar of (in case of dependents) to the guardian concerned and may give the beggar or the guardian, as the case may be, an opportunity of producing evidence which may be relevant to the matters stated in the report. (8) A copy of the order made under sub-section (5) shall be sent forthwith to the Chief Inspector. 9) Notwithstanding anything in this section, when the person found to be a beggar as aforesaid is a child who is under the age of five years the court shall not make any order under sub-section (5) but forward the child to a court constituted under the Children Act for being dealt with under that Act. For the purpose of ascertaining the age of the person the court may, if necessary, cause the beggar to be examined by a medical officer. ] 6. Penalty for begging after detention as beggar. -(1) Whenever, having been previously detained in a Certified Institution under this Act is found begging, shall on conviction be punished as hereinafter in this section provided. 2) When a person is convicted for the second or subsequent time under sub-section (1) the court shall order him to be detained for a period of ten years in a Certified Institution, and may convert any period of such detention (not exceeding two years) into a sentence of imprisonment extending to a like period. COMMENTS If any person, who was detained in a Certified Institution, is found begging, he shall on conviction for the first time shall be ordered by the Court to be detained for not more than three years and on conviction for the second time shall be ordered by the Court to be detained for a period of ten years. 7. Offences to be tried summarily. – All offences under this Act except those under section 11 shall be tried in a summary way. 8.
Contribution of parents. – (1) The court, which makes an order for the detention of any person in a Certified Institution under section 5 or section 6, may make an order on the parent or other person liable to maintain him, to contribute to his maintenance, if able to do so, in the manner prescribed. (2) Before making any such order the court shall inquire into the circumstances of the parent or other person liable to maintain him and shall record evidence, if any, in the presence of the parent or such other person, as the case may be. (3) Any order made under this section may on an application, made by the party liable, or otherwise, be varied by the court. 4) Any order made under this section may be enforced in the same manner as an order under section 488 of the Code of Criminal Procedure, 1898 (V of 1898). 1. Subs. by G. S. R. 638, dated 2nd June, 1960. See sections 125 and of the Code of Criminal Procedure, 1973 (2 of 1974). 9. Court may order detention of persons wholly dependent on beggar. -(1) When the court has ordered the detention of a person in a Certified Institution under section 5 or section 6 it may, often making such inquiry as it thinks fit, order any other person who is wholly dependent on such person to be detained in a Certified Institution for a like period: Provided that before such order is made such dependent person shall be given an opportunity of showing cause why it should not be made. 2) Where the dependent person is a child, the court shall forward him to a court constituted under the children Act for being dealt with there under: Provided that where the dependent person is the beggar’s own child, being a child who is under the age of five years, and the beggar is an able bodied mother, not being a contagic; leper or lunatic, the child may be ordered to detain in a Certified Institution without being separated from the mother as regards the place of detention until it attains the age of five years; and there after person to be kept in the prescribed manner until he can be brought before a court. 10. Powers of [Chief Commissioner] to order for the detention of incurably helpless beggars. – When any person who is detained in a Certified Institution under section 5, section 6 or section 9 is considered, whether on an application by him to the 1[Chief Commissioner] or otherwise by the 1[Chief Commissioner] to be blind, a cripple or otherwise incurably helpless, the 1[Chief Commissioner] may order that he shall after the expiry of the period of detention be further detained indefinitely in a Certified Institution: Provided that the 1[Chief Commissioner] may release any such nmate to any person whom the 1[Chief Commissioner] considers suitable executes a bond with or without sureties as the 1[Chief Commissioner] may require, making himself responsible for the housing and maintenance of such inmate and for preventing him from begging or being used for the purpose of begging. 11. Penalty for employing or causing persons to beg or using them for purposes of begging. – Whoever employs or causes, any person to solicit or receive alms, or whoever having the custody, charge or care of a child, connives at or encourages the employment or the causing a child to solicit or receive alms or whoever uses another person as an exhibit, shall be punished with prisonment for a term which may extend to three years but which shall not be less than one year. COMMENTS
If any person employs or causes any other person to solicit or receive alms, or having the custody, charge or care of a child, connives at or encourages, the employment or the causing the child to solicit or receive alms or uses another person as an exhibit, shall be punished for imprisonment for a term up to three years but which shall not be less than one year. CHAPTER III RECEIVING CENTRES AND CERTIFIED INSTITUTIONS 12. Provision of Receiving Centers. – (1) The 1[Chief Commissioner] may provide and maintain one or more Receiving Centres at such places as it think fit, 1. Subs. by G. S. R. 638, dated 2nd June, 1960. See sections 57 of the Code of Criminal Procedure, 1973 (2 of 1974). Sec 16] The Bombay prevention of Begging Act, 1959 and may certify any institution to be a Receiving Centre for the purposes of this Act. (2) Every such Receiving Centre shall be under the control of a Superintendent. 13. Provisions of Receiving Centres/Certified Institution. (1) The 1[Chief Commissioner] may provide and maintain one or more Certified Institution at such place or places as he thinks fit, and may certify any institution to be a Certified Institution for the purposes of this Act. Any such Certified Institution may include provision for the teaching of agricultural, industrial and other pursuits, and for general education and medical care of the inmate. (2) Every such Certified Institution shall be under the charge of a Superintendent. 14. Visiting Committees. – (1) For every Receiving Centre and every Certified Institution, the 1[Chief Commissioner] shall appoint a Visiting Committee in such manner as may be prescribed. 15. Advisory Committee. – (1) The 1[Chief Commissioner] may constitute an Advisory Committee 2[***] consisting of such persons, not exceeding twenty –one in number as he may appoint.
Provided that where a local authority 2[***] has agreed to render such financial assistance as the 1[Chief Commissioner] may consider proper in each case, for the maintenance of the Certified Institutions in which beggar from the area subject to the jurisdiction of the local authority 2[***] are detained, the 1[Chief Commissioner] shall appoint such number of persons as he deems fit on the Advisory Committee representing the local authority. (2) The Advisory Committee constituted under sub-section (1) of any member thereof, may visit at all reasonable times and after the due notice to the Superintendent, any Certified Institution in which beggars are detained. (3) The Advisory Committee may also- a) tender advice as regards management, to any Certified Institutions through the Chief Inspector or such other officer as the 1[Chief Commissioner] may specify, (b) collect subscriptions towards the recurring as well as non-recurring expenses of any or all Certified Institutions and disburse the collections in the prescribed manner, (c) advice the 1[Chief Commissioner]through the Chief Inspector as Certified Institutions or the desertification of any Certified Institutions, or (d) advice the 1[Chief Commissioner] generally on the working of this Act, and particularly on any point referred to it by the Chief Inspector or any other officer specified by Chief Inspector or any officer specified by the 1[Chief Commissioner]. 16. Payment of contribution by local authority and recovery thereof. – (1) Notwithstanding anything contained in any law for the time being in force 1. Subs. by G. S. R. 638, dated 2nd June, 1960. 2. Omitted by G. S. R. 638, dated 2nd June, 1960. The Bombay prevention of Begging Act, 1959 [Sec …] any local authority which has agreed to pay a certain sum of money for the maintenance of Certified Institution shall make payment of that sum to the Central Government 1[before a date prescribed I that behalf]. 2) If any sum is not paid by a local authority before the prescribed date, the 1[Chief Commissioner] may make an order directing any person, who for the time being has custody of any money on behalf of the local authority as its officer, treasurer, banker or otherwise to pay the sum from such money, as he may have in his hands or may from time to time receive, to the 1[Central Government] and such person shall be bound to obey such order. Every payment made pursuant to such order shall be sufficient discharge to such person from all liability to the local authority so held by him. 17. Appointment of Chief Inspector, Additional Chief Inspector, Inspector, Assistant Inspectors and Probation Officer. (1) for carrying out the purposes of this Act, the 1[Chief Commissioner] may appoint a Chief inspector of Certified Institutions and Additional Chief Inspector of Certified Institutions, an Inspector and such number of Assistant Inspectors and Probation Officer as he think advisable to assist the Chief Inspector, and every person so appointed to assist the Chief Inspector shall have such of the powers, and perform such of the duties, of the Chief Inspector as the 1[Chief Commissioner] directs but shall act under the direction of the Chief Inspector. (2) Every Receiving Centre and Certified Institution shall, at least once in every six months, be inspected by the Chief Inspector, Inspector, Assistant Inspector or a Probation Officer. 18. Search in receiving centre and Certified Institutions. The Superintendent of a Receiving Centre or a Certified Institutions may order that any person received in the Receiving Centre or a Certified Institution shall be searched, that he shall be cleansed, that his personal affects shall be inspected, and that any money or valuables found with or on the person shall be kept in the custody of such Superintendent, and that any effects other than money or valuables so found shall be disposed of in the prescribed manner. Where an order of detention is passed by the court against any such person, the Superintendent may order that any money or valuables found with or on the person shall be disposed of in the prescribed manner. Where the court passes an order other than an order of detention with regard to any such person, his money and valuables shall be returned to him and if his clothing has been destroyed, he shall be provided with fresh clothing.
The expenses of prevailing such clothing shall be paid out of money provided by the 1[Parliament]: Provided that a female shall be searched only by a female, and with due regard to deceny. 19. Management and discipline. – Persons remanded to or detain in, receiving Centre and Certified Institutions under this Act shall be subject to such rules of management and discipline, including the imposition of manual or other work and the awarding of punishment of breach of any such rules, as may, from time to time, be prescribed. 1. Subs. by G. S. R. 638, dated 2nd June, 1960. Sec 24] The Bombay prevention of Begging Act, 1959 20. Disciplinary imprisonment. (1) Without prejudice to any disciplinary action that may be taken under the section immediately proceeding, the Chief Inspector, the Inspector or Superintendent may report to the court the case of any person detained in a Certified Institution who habitually and willfully disobeys or neglects to comply with any rule referred to in that section; and the court may thereupon, if satisfied that the person has willfully disobeyed or neglected to comply with any such rule, convert the balance of the period of his detention in comply with any such rule, convert the balance of the period of his detention in a Certified Institution or part thereof into a term of imprisonment. (2) The sentence of imprisonment ordered as aforesaid shall be executed in the same manner as a sentence passed under section 6. 21. Transfer from one Receiving Centre or Certified Institution to another. (1) Subject to conditions prescribed, the Chief Inspector may direct any person detained in a Receiving Centre or Certified Institution to be transferred there from to another Receiving Centre or Certified Institution in the [Union Territory of Delhi*]: Provided that the total period of detention of such person shall in no case be increased by such transfer. (2) In directing such transfer the Chief Inspector shall have regard to the medical certificate and the directions, if any, made by the 1[Chief Commissioner] or court under section 26. 22. Release of licence. -(1) Subject to such conditions as are prescribed- (1) the Chief Inspector or the Superintendent of the Certified Institution may at any time grant permission to a person detained in a Certified Institution to absent himself for short period and (2) the Chief Inspector may at any time release such person conditionally and issue him a licence therefore. 2) Any such licence shall be in force until the expiry of the term for which the person was ordered to be detained in Certified Institution, unless sooner revoked. (3) The period during which such person is absent from a Certified Institution by permission are by licence as aforesaid shall, for the purpose of computing his term of detention in a Certified Institution, be deemed to be part of his detention. 23. Revocation of licence. – (1) Subject to such conditions as are prescribed, the Chief Inspector may at any time revoke a licence issued under section 22, and thereupon the released person shall be detained in a Certified Institution until the expiry of the term for which he had been ordered to be detained. 2) For the purpose of this section the Chief Inspector may, if necessary, cause the released person to be arrested and sent to the nearest Receiving Centre, together with a copy of the order of detention, and thereupon the provisions of sub-section (1) of section 25 shall as far as may be applied. 24. Unconditional release. – At any time after the expiration of three months from the commencement of the release on licence of any person under section 22, * Now the National Capital Territory of Delhi. 1. Subs. by G. S. R. 638, dated 2nd June, 1960. The Bombay prevention of Begging Act, 1959 Sec 24] the Chief Inspector may, if he is satisfied that there is a probability that such person will abstain from begging, recommend to the 1[Chief Commissioner] his unconditional release.
The 1[Chief Commissioner] may on such recommendation release such person unconditionally, and thereupon the term for which such person had been ordered to be detained in a Certified Institution shall be deemed to have expired. CHAPTER IV MISCELLANEOUS 25. Procedure on order of detention or sentence of imprisonment. – (1) Subject to the provisions of sub-section (2), when a person has been ordered to be detained in a Certified Institution under section 5 or section 6 or section 9 the court which ordered the detention shall forthwith forward him to the nearest Receiving Centre with a copy of the order of detention. The person shall thereupon be handed over into the custody of the Superintendent of the Receiving Centre and shall be detained in the Receiving Centre until he is sent there from to a Certified Institution. 2) When any such person has also been sentenced to imprisonment, the court passing the sentence of imprisonment shall forthwith forward a warrant to a jail in which he is to be confined and shall forward him to such jail with the warrant together with a copy of the order of detention. After the sentence of imprisonment is fully executed, the officer executing it shall, if detention in a Certified Institution for any period remains to be undergone by such person, forward him forthwith together with the copy of the order of detention to the nearest Receiving Centre, and thereupon the provisions of sub-section (1) shall as far as may be applied. (3) In computing the period for which a person is ordered to be detained in a Certified Institution, there shall be included the period for which he is detained in a Receiving Centre under this section. 26. Medical Examination and detention of leprosy patients and lunatics. (1) where it appears to the 1[Chief Commissioner] that any beggar detained in a Certified Institution under any order of a court is of unsound mind or a leper, the 1[Chief Commissioner] may by an order setting forth the grounds of belief that the beggar is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or other place of safe custody, there to be kept and treated as the 1[Chief Commissioner] direct during remainder of the term for which he has been ordered to be detained or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the beggar or of others that he should be further detained under medical care or treatment, then until he is discharged according to law. (2) Where it appears to the 1[Chief Commissioner] that the beggar has ceased to be of unsound mind, or is cured of leprosy, the 1[Chief Commissioner] shall, by an order direct to the person having charge of the beggar if still liable to be kept in custody to send him to the Certified Institution from which he was removed or if the beggar is no longer liable to be kept in custody order him to be discharged. 1. Subs. by G. S. R. 638, dated 2nd June, 1960. Sec 29] The Bombay prevention of Begging Act, 1959 3) The provisions of section 31 of the Indian Lunacy Act, 1912, (IV of 1912) or (subject to the provisions of sub-section (2) of section 14 of the Lepers Act, 1898 (III of 1898) shall apply to every beggar confined in a mental hospital or leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the time during which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as part of the period for which he may have been ordered by the court to be detained: Provided that where the removal of a beggar due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the Institution in which the beggar is detained to apply to a court having jurisdiction under the Indian Lunacy Act, 1912 (IV of 1912), or the Lepers Act, 1898 (III of 1898), as the case may be, for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the 1[Chief Commissioner] be obtained in the matter. COMMENTS If any beggar detained in a Certified Institution is found to be of unsound mind or a leper, can be ordered to be removed to a mental hospital or leper asylum. 27. Arrest of person escaping from Receiving Centre or Certified Institution. Any person who leaves a Receiving Centre or a Certified Institution without the permission of the Superintendent thereof, or fails to return thereto after the expiry of the period of absence permitted under sub-section (1) of section 22, may be arrested by any police officer without warrant or by an officer of the Receiving Centre or Certified Institution authorities authorized in this behalf by the 1[Chief Commissioner]and send back to the Receiving Centre or Certified Institution, as the case may be. 28. Transfers between Certified Institution and institution of like nature in different parts of India. – 1[(1The Chief Commissioner may direct any person detained in a Certified Institution to be transferred there from to any Institution of a like nature in any other Part India in respect of which provision similar to that in the Union Territory of Delhi * is made by the Government of that part under any law in force therein: Provided that no person shall be transferred under this section to any part of India without the consent of the State Government in the case of a State and the Administrator in the case of a Union Territory. (2) The 1[Chief Commissioner] may in consultation with the Superintendent, of any Certified Institution, consent to the transfer to that Institution of any person in respect of whom an order of detention has been made by competent authority in any other part of India of the nature of an order under this Act directing him to be detained in a Certified Institution or Institution of a like nature and upon such transfer, the provisions of this Act shall apply to such person. 29. Power to take finger prints. – 1[(1) Every person ordered to be detained in a Certified Institution under this Act shall at any time allow his finger prints to be taken by the District Magistrate or any officer empowered by him in this behalf. ] (2) Whoever refuses to allow his finger prints to be taken under sub-section (1) shall on conviction be liable to have his period of detention in a Certified Institution not exceeding three months converted to a term of imprisonment extending to a like period. 1. Subs. by G. S.
R. 638, dated 2nd June, 1960. * Now the National Capital Territory of Delhi. Sec …] The Bombay prevention of Begging Act, 1959 (3) The sentence of imprisonment order under sub-section (2) shall be executed in the same manner as a sentence passed under section 6. 30. Seizure and disposal of animals exposed or exhibited for obtaining or extorting alms. – (1) Any police officer or other person, effecting under sub-section (1) of section 4 of the arrest of a person who was found begging may seize any animal the sore, wound, injury, deformity or disease of which was exposed or exhibited by such person with the object of obtaining or extorting alms. 2) The police officer of other person affecting the arrest ma y remove such animal to an infirmary appointed under section 6B of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890), for detention therein pending its production before a court. (The court before which the person found begging is brought may direct that the animal shall be treated and care for in such infirmary until it is fit for discharge or that it shall be sent to a Pinjrapole, or if the veterinary officer in charge of the area in which the animal is found or such other veterinary officer as has been authorized by the rules made under section 15 of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890) certifies that its is incurable or cruelty cannot be removed without cruelty, that it shall be destroyed; and the court may also order that after release from the infirmity, the animal may be confiscated. 4) An animal sent for care and treatment to an infirmary shall not unless the court directs that it shall be sent to a pinjrapole, or that it shall be destroyed, be released from such place except upon a certificate if its fitness for discharge issued by the veterinary officer incharge of the area in which the infirmary is situated or such other veterinary officer as has been authorized by rules made under section 15 of the Prevention of Cruelty to Animal Act, 1890, (XI of 1890). 31. Offence to be cognizable and non-cognizable. – The offences under sections 6 and 11 of this Act shall be cognizable and non-bailable. 32. Persons to be deemed public servants. – All persons empowered to perform any function by this Act shall be deemed to be public servants with the meaning of the Indian Penal Code (XIIV of 1860). 33. Bonds taken under Act V of 1898. – The provisions of Chapter XIII of the Code of Criminal Procedure, 1898 (V of 1898)* shall so far as may be, apply to bonds taken under this Act. CHAPTER V 34. Appeals. For the purposes of appeal and revision under the Code of Criminal Procedure 1898 (V of 1898)* an order of detention under this Act (including an order of detention under section 5), shall be deemed to be sentence of imprisonment for the same period. 35. Rules. – (1) 1[The Chief Commissioner] may by notification in the 1[Delhi Gazette] and subject to the condition of previous publication, make rules, for carrying out the purpose of this Act. * See Code of Criminal Procedure, 1973 (2 of 1974). 1. Subs. by G. S. R. 638, dated 2nd June, 1960. Sec 36] The Bombay prevention of Begging Act, 1959 (2) In particular and without prejudice to the generality of the forging power, such rules may provide for all or any of the following matters, namely:- (a) the manner of authorizing a purpose under clause (i) of sub-section (3) of section 2; b) the manner of keeping persons arrested under sub-section (3) of section 4 or section 9; (c) the manner of making summary inquiry under sub-section (1) of section 5; (d) the manner in which contribution for the maintenance of person detained in a Certified Institution may be ordered to be paid under sub- section (1) of section 8; (e) the manner of appointing a visiting committee under section 14; (f) the conduct of business by the Advisory Committee; (g) the date before which payment shall be made under sub-section (1) of section 16; (h) the manner in which the affects and the money and valuable referred to in section 18 shall be made disposed of; i) the management and discipline of persons detained in Receiving Centre or Certified Institution including the imposition of manual or other work and the awarding of punishment for breach of any rule made under this clause; (j) the conditions subject to which the Chief Inspector may direct transfer under section 21; (k) the conditions subject to which a person may be released on licence under section 22; (l) the conditions subject to which a licence may be revoked under section 23; (m) the manner of medical examination of beggars; (n) any other matter which is required to be or may be prescribed. 1[***] 36. Removal of difficulties. – If any difficulty arises in giving effect to the provisions of this Act, the 2[Delhi Gazette] make such provisions or give such directions as appears to 2[him] to be necessary for removing the difficulty. 3[***] 1. Sub-section (3) omitted by G. S. R. 63 dated 2nd June, 1960. 2. Subs. by G. S. R. 638, dated 2nd June, 1960. 3.
The Schedule omitted by G. S. R. 638, dated 2nd June, 1960. SUGGESTIONS Today beggary has become a serious business in our society which has lot of ugly realities but strangely we people are not ready to recognize them. One big option for stopping this menace of beggary could be increasing awareness among the people about this increasing problem, starting humanitarian programs for beggars and discouraging giving money to the beggars. •For able-bodied Beggars separate schemes to be introduced and proper training is to be given for their employment purpose. State Government should take measures to prohibit beggars from migrating from one State to another State. The state may take special efforts to regulate and prevent beggary especially in popular temple cities like Madurai Rameswaram, Thiruvannamalai, Kasi, Budda Gaya, Mathura Somnath in the background of increasing tourist interest as well as security threats. A co-ordination committee is to be formed with NGOs, heads of the temples, and govt. representatives. •Since agriculture laborers from some part of the Country are forced to beg due to drought and crop failure and the State should take up programs to prevent this. •Periodical amendment, strict implementation of beggary acts are necessary in order to tackle criminalization of beggary by powerful mafia groups •Day Care Centre for aged beggars should be maintained. NGO’s should be enabled to involve in beggary prevention and rehabilitation. CONCLUSIONS I.
My first objective states that India is facing a grave problem: begging and it hinders the growth of the country. It is very much clear from the data of India and its problems that India is indeed facing a grave problem. II. My second hypothesis states that only meagre amount of people are having genuine reasons to beg; well the rest are encouraged to beg by the mafia and the criminals. III. My third hypothesis states that the laws made by the government are not enough to eradicate beggary from the streets. It is very well known that beggary is encouraged in India since the past 6000 years and it is very difficult to eradicate them. The laws are of course not enough as the bench appointed by the delhi court said that new legislations have to be passed.