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Centre Drafts Bill to Decriminalize Beggary in India - Testbook

The Indian government has proposed a new Bill aimed at decriminalizing begging and providing a dignified life to beggars, homeless individuals, and others living in poverty or abandonment. Currently, begging is considered a crime under the Bombay Prevention of Begging Act, 1959, which can result in individuals being sent to shelter homes or even prison without a trial. The Persons in Destitution (protection, care and rehabilitation) Model Bill 2016, however, views the issue as a societal problem. The Bill defines destitution as the state of poverty or abandonment, and includes individuals with physical and mental disabilities, the elderly, the infirm, the homeless, and beggars.

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A Brief Look at the Bombay Prevention of Begging Act, 1959

  • The Act was implemented in the Union Territory of Delhi in 1960.
  • It categorizes begging as a criminal activity.
  • The goal of the Act is to transition beggars away from their current unlawful profession, so they can be detained, trained, and eventually gainfully employed.
  • Activists and advocates for homeless individuals often view the Act as a violation of basic human rights.

Key Provisions of the Act Pertaining to Children Aged 0-18

  • The Act defines a child as a boy who is under 16 years of age or a girl under 18 years of age.
  • Beggars convicted by a court of law under this Act can be sentenced to a minimum of one year and a maximum of three years in a Beggar’s Home (Certified Institution). This also applies to any dependents of the beggar, except children.
  • If a child is dependent on a beggar or is found guilty, they are referred to the courts under the Children Act 1960 and treated according to the provisions of that Act.
  • Individuals who solicit or exploit a child for begging can be imprisoned for a minimum of one year and a maximum of three years.
  • A person who does not adhere to the rules of the certified institution can be detained.
  • Leprosy patients or people suffering from mental health issues can also be detained under the Act.
  • Despite the introduction of the Juvenile Justice (Care and Protection of Children) Act, 2000, this law has not been updated to reflect new provisions for children.
  • The Human Rights Law Network criticizes the law for being 'outdated and colonial', with undertones of classism, as it was enacted to keep the poor away from affluent areas.

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