Begging is a deeply rooted socio-economic issue that raises ethical, legal, and humanitarian concerns. Governments worldwide, including in India, have attempted to regulate or ban begging through various laws. While such measures are often justified on grounds of public order and economic development, they also raise fundamental ethical questions about human rights, state responsibility, and social justice.
Legal Status of Begging in India
- Bombay Prevention of Begging Act, 1959: One of the first laws criminalizing begging, later adopted by several states.
- Judicial Interventions:
- The Delhi High Court (2018) decriminalized begging, ruling that it violates fundamental rights under Article 21 (Right to Life and Dignity).
- The Supreme Court has repeatedly emphasized the state’s duty to provide for the marginalized rather than criminalizing poverty.
Ethical Dimensions of Banning Begging
1) Human Rights Perspective
- Right to Life and Dignity: Criminalizing begging punishes poverty rather than addressing its root causes, violating Article 21 of the Constitution.
- Freedom of Movement and Livelihood: A ban restricts the right to seek means of subsistence, contradicting Article 19.
2) Social Justice and State Responsibility
- Structural Inequality: Many beggars belong to marginalized communities, including elderly individuals, persons with disabilities, and abandoned children. A ban would disproportionately impact them.
- State’s Role: The government has a moral duty to provide welfare measures such as employment, education, and rehabilitation, rather than penalizing the poor.
3) Public Order vs. Compassion
- Arguments for a Ban:
- Prevents public nuisance and traffic disruptions.
- Addresses concerns about organized begging syndicates.
- Counterarguments:
- Not all beggars are part of syndicates; many are victims of extreme poverty and systemic failures.
- Ethical governance should prioritize rehabilitation over punishment.
Ø Alternatives to Criminalizing Begging
- Rehabilitation and Skill Development:
- Expanding shelters and vocational training programs.
- Ensuring access to education and healthcare.
- Social Welfare Schemes:
- Strengthening implementation of schemes like PM Awas Yojana, PM Garib Kalyan Anna Yojana, and MGNREGA.
- Targeted Interventions:
- Identifying and assisting vulnerable groups such as abandoned children, persons with disabilities, and elderly homeless individuals.
Banning begging raises profound ethical concerns regarding human dignity, state responsibility, and social justice. While addressing issues like trafficking and public order is necessary, criminalization alone is not a solution. A compassionate, rights-based approach that ensures rehabilitation and social security is essential for addressing the root causes of poverty and homelessness in India.
