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.

Centre Drafts Bill to Decriminalize Beggary in India - Testbook
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- The Human Rights Law Network criticizes the law for being 'outdated and colonial', with undertones of classism, as it was enacted to keep the poor away from affluent areas.
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