Professional Documents
Culture Documents
Shruthi Prabhakar
(Asst. Prof., Christ Academy Institute of Law, Affiliated to Karnataka State Law University,
Bengaluru)
life- food, water, shelter, clothes- various States are a far cry from
becomes a distant dream, man is addressing this alarming situation.
forced to turn to the mercy of other This paper seeks to analyze the
human beings. He starts begging, laws dealing with child beggary
either by his own will or forced by and the moral dilemma of
miscreants who take advantage of criminalizing begging against the
his helplessness. Children, who are backdrop of poverty and
looked upon as a source of unemployment in India.
additional income in these poor
families, become easy targets and II. BEGGARY AMONGST
are pushed into begging. CHILDREN
The Oxford dictionary defines Child exploitation in India is a
beggary as a “…state of extreme result of the macabre family
poverty”. According to Black’s circumstances, social environment,
law dictionary, Beggar is someone poverty, ignorance of family
“…who lives by begging charity, planning and unchecked
or who has no other means of population control, lack of proper
support than solicited alms”. The care and attention, and lack of love
2011 census indicates that there and affection from parents.[5]
are about 4,13,670 beggars in India Beggary is prevalent amongst
with 12,270 being in Karnataka.[3] children owing to a host of factors.
Unconfirmed reports state that as There are children who are forced
many as over 3 lakh children are into begging by the members of
forced to beg across India by their own family in order to
cartels.[4] It will not be surprising provide some income to the
if the actual numbers are even family. There are also those who
bigger than 3 lakhs. Anyone on a kidnap or traffic children and force
short drive across any city in India them into begging for their own
would easily encounter a minimum personal benefits. It would be
of 3-4 children begging at traffic discussed later on in this paper
signals, selling merchandise, how the difference between the
cleaning cars, or being used as an two factors for begging plays an
object by an elder beggar to garner important role in determining the
sympathy for alms. The apathy of kind of response that the
law and its enforcement agencies Government authorities should
towards the plight of these children undertake in dealing with such
is a matter of big concern. There is children.
no legislation at the center which
comprehensively deals with
begging amongst children and
even those which exist in the
juvenile police officer and must be case weak. The problem of child
taken immediately before the abuse revolves around the
Juvenile Justice Board and not be complexities of conceptualizing
exposed to a police lock-up or and reporting of the problem, since
jail.[18] the abuser is someone close to the
6.It can be argued that the victim. Further ‘child abuse’
Karnataka act does not apply to includes not just sexual abuse but
children and that these situations also child battering, extreme
would be dealt with under other punishment, hard labour,
laws applicable in Karnataka such emotional abuse and
as the JJ Act 2015 and the IPC. abandonment.[19] The poor
Even then there is a lack of parents of the victims often fear
awareness and sensitization sending their children to testify
amongst the enforcing authorities against the accused. Also,
on what the law states and what prolonged time-period of the trial
protocol and procedure needs to be effects the will of the victims to
followed in the event of the rescue come testify as they become
of a child beggar. Whether the reluctant to go back to the
child should be separated from his harrowing phase of their life.
parents, whether child should be These form a major roadblock in
sent to the custody of individuals bringing the perpetrators to justice.
claiming to be genuine parents, The need of the hour is a complete
authenticity of documents overhaul of the laws which deal
produced, lack of any with beggary among children.
documentation to identify Either the State should remove
relations, shortage of space in children completely from the ambit
shelter homes, etc. are just some of of the Karnataka Act and make
the difficulties which the Child specific rules to deal with such
Welfare Committees face when a cases under the Juvenile Justice
child beggar is produced before Rules or amend the Beggary Act to
them up on rescue. make it beggar-friendly by
7.Further, in cases where decriminalizing beggary and
children have been trafficked to giving focus on bringing down the
beg, the conviction rates have been criminal network involved in cases
very low. One of the factors for of trafficking for beggary.
low conviction rates is lack of
proper procedure laid down in the V. PROHIBITING CHILD
legislation for arrest and BEGGARY: THE MORAL
investigation. A lot of procedural DILEMMA
lapses and weak evidence As discussed previously in this
gathering makes the prosecution’s paper, there are broadly two
categories of children who beg. rescued? Can the State ensure that
The first includes those who, the child is not sold to or falls into
owing to their poor economic the clutches of such traffickers
condition, are forced to beg either again?
by their own parents or by them The answers to these questions
when they have nobody else to is not as straight forward as it may
fend for them (we will refer to this seem. Article 39 of the
as voluntary begging). The second Constitution of India states that it
category is that of forced begging is the State’s mandate to ensure
by begging mafia or cartels (we that its policies aim towards
will refer to this as involuntary ensuring “…Art. 39(e) that the
begging). strength of workers, men and
1.Voluntary begging: When a women and the children of tender
child is found begging under the age are not abused and that citizens
first category, the law would treat are not forced by economic
the child as a child in need of care necessity to enter an avocation
and protection and the unsuited to their age or
rehabilitation and reintegration strength…”“…Art. 39(f) that
processes as given under the JJ Act children are given opportunities
2015 would follow. Two questions and facilities to develop in a
arise here- a) Is our State healthy manner and in conditions
machinery well equipped to of freedom and dignity and that
effectively rehabilitate and childhood and youth are protected
reintegrate the child into the against moral and material
society or was the child better off abandonment… .”
with his parents or by himself? ‘The right to live with human
and, b) Whether the law should dignity free from exploitation,
punish the poor parents or enshrined in Article 21 derives its
guardians who made the child beg? breath from Directive Principles of
2. Forced begging: A child State Policy and particularly the
rescued from such category of abovementioned clauses and
begging also is a child in need of Articles 41 and 42 of the
care and protection under JJ Act Constitution’.[20] The above two
2015 and even though the local clauses under Article 39 by
Beggary acts do not provide for themselves are enough to point out
stringent punishments, the other the duty and responsibility that the
Acts such as JJ Act, IPC, etc. State has towards its children.
provide for adequate punishment Every hour that a child spends on
to the culprits. In such cases the the road begging or being used to
question that again comes up is beg portrays the failure of the
what next for the child who is entire State machinery towards that
which provide support to all these Section 115 of the said Act and
children or it must at least allow these "beggars" need to be released
them to fend for themselves. from their exploitative clutches. …
persons who are driven to beg for
VI. JUDICIARY ON BEGGARY alms and food as they are starving
LAWS or their families are in hunger…
As things stand, anti-beggary laws beg to survive; to remain alive. For
have invited very less judicial any civilized society to have
attention. The constitutionality of persons belonging to this category
these laws have never been is a disgrace and a failure of the
considered up until recently when State. To subject them to further
two PILs were filed as a result of ignobility and deprivation by
the State of Delhi removing ordering their detention in a
beggars from its streets before the Certified Institution is nothing
Commonwealth games. short of dehumanizing them. It is
In Ram Lakhan v. State here that courts must step in and
(2007)2RCR(Criminal)340, though recognize the defence of necessity.
the constitutional validity of the Judicial notice must be taken of the
Bombay act was not challenged, fact that as the accused are poor
the High Court of Delhi anyways they will not have access to quality
made certain observations legal assistance, if at all. The duty
regarding its legality. The court is therefore cast upon the courts to
was of the opinion that there was satisfy them that the accused did
enough scope for the Act to treat not have a defence of necessity.
different kinds of beggars Prevention of begging is the object
differently. As per the court, while of the said Act. But, one must
professional beggars could be tried realize that embedded in this
and detained, the State must look object are the twin goals-Nobody
at de-addiction for those who beg should beg and nobody should
because of some kind of addiction have to beg.”
to various substances. In 2009, the Government of
“Then there is the third Delhi undertook massive drives to
category of 'beggars' who are gather all the beggars on the streets
exploited and forced into begging of Delhi ahead of the
by other ring leaders. A different Commonwealth Games. It was
approach is required here. … his alleged that these beggars, instead
act of solicitation was not of being rehabilitated in shelter
voluntary but, under duress, the homes, were merely left to fend for
result of exploitation at the hands themselves on the outskirts of the
of others. The ring leaders need to city. The Government justified
be rounded up and penalized under their act under the garb of the
place these remain mere lip Madhya Pradesh, Sikkim, Tamil Nadu,
Uttarakhand, Uttar Pradesh, West Bengal,
service. Providing voter identity Punjab, Delhi and Daman & Diu.
cards, BPL cards, scholarships and 7. See Bombay Prevention of Beggary Act,
incentives such as mid-day meal to 1959; § 6.
8. See Bombay Prevention of Beggary Act,
school going children are only few 1959; § 6.
baby steps. The Government needs 9. See Bombay Prevention of Beggary Act,
1959; § 6.
to relook at its strategy be it 10. See Juvenile Justice (Care and Protection of
providing vocation training for Children) Act; § 76(2).
developing skill set for 11. Report on Child Labour (Prohibition and
Regulation) Amendment Bill 2012, Standing
employment, strengthening the Committee on Labour (2013-2014) at
infrastructure of rehabilitation (http://www.prsindia.org/uploads/media/Chil
centers or bringing about d%20Labour/SCRchild%20labour%20bill.p
df.
transparency in government 12. Supra at 31.
expenditure on this issue. 13. Preamble, Karnataka Prohibition of Beggary
Act, 1975, No. 27, Act of Karnataka,
Till the time we do not address 1975(India).
effectively this crippling menace, 14. Ram Lakhan v. State,
through law as well as socio- (2007)2RCR(Criminal)340(India).
15. Karnataka Prohibition of Beggary Act, 1975;
economic policies, the beggars will § 2(2)(a).
remain a constant reminder of how 16. Anugya Jain, Analysis of Beggary in India:
we as a nation failed to ensure to Strategies and Legal Framework, JUS
IMPERATOR (May 13, 2018, 11:44PM),
all the ideals of constitution. http://journal.jusimperator.org/wp-content
/uploads/2017/12/anugya-jain-paper1.pdf.
17. Olga Tellis v. Bombay Municipal
REFERENCE Corporation, AIR 1986 SC 180(India).
1. Census 2011, Government of India. 18. The Juvenile Justice (Care and Protection of
2. Press note on Poverty Estimates 2011-12, Children) Act, 2015; § 10.
Government of India Planning Commission 19. MAMTA RAO, LAW RELATING TO
(July22,2013), WOMEN AND CHILDREN, 591 (3rd ed.
http://planningcommission.nic.in/news/pre_ 2012).
pov2307.pdf. 20. DR. S.C. TRIPATHI & VIBHA ARORA,
3. Minister of Social Justice and Empowerment LAW RELATING TO WOMEN AND
on unstarred Question No.1831 in CHILDREN, 427 (6th ed. 2015).
LokSabha(Mar.8,2016), 21. Salal Hydro Project Labourers v. State of
http://164.100.47.190/loksabhaquestions/ann J&K, (1983) 2 SCC 181(India).
ex/7/AU1831.pdf. 22. DevinaMalaviya and L. Singh,
4. 3,00,000 Children across India are Forced Criminalizing Poverty: Anti Beggary Laws
to Beg by Cartels: Report, DNA INDIA, in India, Indian Socio-Legal Journal, Vol.
(June 1, 2016, 10: 03 PM), XLI Nos.1&2 at 43 (2015).
http://www.dnaindia.com/india/report- 23. Harsh Mander&Anr. V. Union of India
300000-children-across-india-are-forced-to- &Ors.
beg-by-cartels-report- 2218856. 24. KarnikaSawhney v. Union of India &Ors.
5. DR. S.C. TRIPATHI & VIBHA ARORA, 25. See, Report on Child Labour(Prohibition
LAW RELATING TO WOMEN AND and Regulation) Amendment Bill 2012,
CHILDREN, 424 (6th ed. 2015). Standing Committee on Labour(2013-2014)
6. Acts prohibiting or preventing beggary can at 32.
be found in Andhra Pradesh, Assam, Bihar,
Maharashtra, Karnataka, Chhattisgarh, Goa,
Gujarat, Haryana, Jammu & Kashmir,
Himachal Pradesh, Jharkhand, Kerala,