This is a collection of slides on beggary and those involved in the profession of begging.

1. BEGGARY
Bombay Prevention of Beggary
Act 1959 & Probation of
Offenders Act 1958
© Prashant Kumar, Department of
Social Work, University of Delhi

2. Bombay Prevention of Beggary Act 1959
Evolution of Beggary
● Religion- (Daanam, Zakat, Charity, Langar Sewa, Ascetics)
Buddhism
● Society evolving since the beginning of human civilization
● Transition from village economy to Industrial economy and
then to neo liberal growth
© Prashant Kumar, Department of
Social Work, University of Delhi

3. Colonial Rule: to prevent public nuisance
● European Vagrancy Act 1874,1909 based on Elizabethan Poor
Laws
●section 109(6) of the old CrPc prohibited vagrancy
● Indian Railways Act 1941
● Bengal Vagrancy Act 1943
● Various Municipal Acts
● Post World War II
●Mass unemployment and extreme poverty due to capitalism in
British India opposed by Gandhiji during Civil Disobedience
© Prashant Kumar, Department of
Social Work, University of Delhi

4. Continued...
•Concurrent List (7th Schedule) Section 15
“Vagrancy; nomadic and migratory tribes”
• State List (7th Schedule) Section 9
“Relief of the disabled and unemployable”
• Bombay first state to enact Bombay Prevention of Beggary
Act followed by law enacted by other states as well- total 18
states today.
© Prashant Kumar, Department of
Social Work, University of Delhi

5. Ramlakhan Vs State: Judgement by CJ Shri B D Ahmed
Who is a "beggar"? What is "begging"?
“the definition is essentially targeted at solicitation of alms by individuals.” - not organizations
Why does a person beg?
Firstly, it may be that he is down-right lazy and doesn't want to work. - “May be Punished
under Act”
Secondly, he may be an alcoholic or a drug-addict in the hunt for financing his next drink or
dose. - “Not really a problem of "begging" but a problem of addiction- De-addiction”
Thirdly, he may be at the exploitative mercy of a ring leader of a beggary "gang". - “act of
solicitation was not voluntary”- “Ring leaders need to be rounded up and penalised not the ones
deprived on their hands”
© Prashant Kumar, Department of
Social Work, University of Delhi

6. Continued...
Fourthly, there is also the probability that he may be starving, homeless and helpless-
“For any civilized society to have persons belonging to this category is a disgrace and
a failure of the State.”
The reports of the Probation Officer should normally reflect the beggars' societal ties,
family members, antecedents, health, financial status, habits, education,
alcoholism / addiction, etc. Other factors may also be taken into consideration while
passing any order under the Act, provided such consideration is in the interest of the
beggar.
Violation of Article 21 and Article 19(1)(a) of Constitution - “Does the starving man
not have a fundamental right to inform a more fortunate soul that he is starving and
request for food?”
“Is soliciting alms not a way of exercising freedom of expression?”
© Prashant Kumar, Department of
Social Work, University of Delhi

7. Way Ahead….
● Need for awareness (changing public opinion)
●Inclusion of Beggary in Social Work Academia at greater
level
●Attention needed from social work profession despite being
challenging (Huge scope of application of skills), handful of
organizations working for the cause (most of them lack
capacity to deal)
●Govt. to bring robust social security schemes for urban poor
© Prashant Kumar, Department of
Social Work, University of Delhi

8. From BPBA to Destitution (Prevention, Protection
and Rehabilitation) Model Bill 2016
“Person in Destitution”
“homeless persons, persons in begging, persons with physical and
mental disabilities, the old, infirm and other such persons who are
above 18 years of age and in a state of poverty or abandonment
arising from economic or social deprivation and sustained
unemployment” which requires support for the person to move out of
it
Establish ‘Outreach and Mobilization Unit’, 'Rehabilitation Centre’
‘Referral Unit’ and ‘Counselling Unit’ within 3 months of enactment
of this Act to be implemented by State Social Welfare Department
and two separate committees for monitoring and inspection to be set
up. © Prashant Kumar, Department of
Social Work, University of Delhi

9. Probation of Offenders Act 1958
● Petty Crimes under CrPc - an offence punishable under Section 379 or Section
380 or Section 381 or Section 404 or Section 420 of IPC or any offence
punishable with imprisonment for not more than two years or with fine or with
both under the Indian Penal Code or any other law
● CrPc overridden under this act as per satisfaction of court
● Release After Admonishing
● Release on Probation
● Offenses in which benefit of probation can and cannot be granted
● Procedure when the offender breaches the conditions of Probation
● Probation Officer and his duties
© Prashant Kumar, Department of
Social Work, University of Delhi

10. References:
● The Archaic Indian Anti-Beggary Law
● Ram Lakhan vs State on 5 December, 2006 - Indian Kanoon
● ‘Beggars' laws must be replaced with welfare laws'
● Bill to make begging legal - The Telegraph
● Probation of Offenders Act
● The Beggars and the Law
● Home Page::National Institute of Social Defence,Government of
India
● Acts passed by Governor General in Council, Calcutta (Archives)
© Prashant Kumar, Department of
Social Work, University of Delhi