India’s approach to begging, rooted in colonial-era policies, continues to penalize the most vulnerable. Recent actions in Bhopal, where the district administration banned begging, giving alms, and purchasing goods from beggars, highlight the persistence of outdated laws. This article examines the need for reform, spotlighting progressive models in Rajasthan and Bihar, and urges a nationwide shift toward rehabilitation over punishment.
Bhopal’s Ban and Its Legal Basis
On February 21, 2025, Bhopal’s district administration imposed a prohibition on begging, invoking Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Violators face prosecution under BNSS Section 223, which also penalizes those offering alms. A similar restriction was enacted in Indore a month prior. These measures echo the Bombay Prevention of Begging Act, 1959, a colonial-inspired law adopted by 20 states and two union territories, according to the Press Information Bureau (PIB). Such laws were notably enforced to “sanitize” cities during the G-20 Summit, revealing their role in cosmetic urban management.
The absence of a clear definition of “begging” compounds the issue. In Indore, a man was prosecuted for giving spare change to a beggar near a temple, illustrating how these laws ensnare not only beggars but also compassionate citizens.
A Colonial Legacy of Punishing Poverty
India’s anti-begging laws trace back to colonial statutes like the Anti-Begging and Criminal Tribes Acts, which targeted marginalized communities impoverished by colonial policies. Post-independence, states retained these laws, perpetuating a system that criminalizes poverty rather than addressing its causes. The Bombay Prevention of Begging Act, a template for many state laws, exemplifies this punitive approach, authorizing measures like detention for up to three years under Section 6 and police raids under Section 12. Such provisions often lead to harassment and abuse, with little focus on rehabilitation.
Judicial Push for Reform
India’s judiciary has challenged these regressive laws. In 2018, the Delhi High Court, in Harsh Mander v. Union of India, struck down parts of the Bombay Prevention of Begging Act as unconstitutional, marking a historic step toward decriminalizing begging. The bench, led by Acting Chief Justice Gita Mittal and Justice C Hari Shankar, emphasized that begging stems from necessity, not choice, and reflects the state’s failure to provide basic amenities. The court retained provisions like Section 11, which penalizes coercing others into begging, but rejected blanket criminalization.
Similarly, the Jammu and Kashmir High Court invalidated the region’s anti-begging law, arguing that begging signals abject poverty, not a threat to public order. The court recognized begging as a form of expression protected under Article 19(1)(a) of the Constitution, framing it as a peaceful plea for help. These rulings underscore that laws punishing begging effectively criminalize poverty itself.
Progressive Alternatives: Rajasthan and Bihar Models
Amid widespread reliance on punitive laws, Rajasthan and Bihar offer rehabilitative frameworks that prioritize dignity and self-sufficiency.
Rajasthan’s Rehabilitation Focus
The Rajasthan Rehabilitation of Beggars or Indigents Act, 2012, decriminalizes begging and emphasizes reintegration. Unlike the Bombay Act, which detains dependents under Section 9, Rajasthan’s law provides care for families without punishment. It tackles root causes like unemployment and social exclusion through skill-building and livelihood training, fostering independence. By avoiding police raids and detention, the law respects individual dignity and aligns with human rights principles.
Bihar’s Empowerment Approach
Bihar’s Mukhyamantri Bhikshavriti Nivaran Yojana empowers beggars to become entrepreneurs or civic contributors. The scheme has supported 18 individuals with Aadhaar cards, bank accounts, and ₹10,000 grants to start businesses like vegetable vending or retail shops. By fostering financial independence and community participation, Bihar’s initiative restores purpose and agency, offering a scalable model for other states.
A Missed Opportunity: The 2016 Model Bill
In 2016, the Central government proposed the Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, encouraging states to adopt rehabilitative measures. The bill limited penalties to repeat offenders, protected dependents from detention, and mandated vocational training and counseling centers. It also aimed to prevent misidentification of destitute individuals through awareness campaigns. Despite its progressive vision, the bill was abandoned for undisclosed reasons. In 2021, the Union Minister of Social Justice and Empowerment confirmed to Varun Gandhi that the bill was no longer under consideration, leaving a critical reform unrealized.
The Path Forward
India must replace punitive anti-begging laws with rehabilitative frameworks like those in Rajasthan and Bihar. The Bombay Act’s harsh measures—detention, raids, and family separation—conflict with modern human rights standards. In contrast, rehabilitation-focused policies address poverty’s root causes, equipping individuals with tools for self-reliance. Reviving the 2016 Model Bill could provide a unified framework, adaptable to local contexts, to ensure dignity and opportunity for all.
The presence of beggars on India’s streets reflects systemic failures, not individual faults. By decriminalizing begging and investing in rehabilitation, India can uphold its constitutional commitment to justice and equality, moving beyond a colonial legacy of criminalizing poverty.