The Bhopal administration has banned begging in all public spaces, using the authority granted under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This prohibition also extends to giving alms to beggars or purchasing goods from them. Section 163 of BNSS empowers the District Magistrate to instruct individuals to refrain from certain actions that may pose a threat to public safety or disturb public peace.
According to the 2011 Census, there are 4.13 lakh beggars and vagrants across India.
Legal Framework Regarding Begging:
- Article 23 of the Constitution: This article prohibits trafficking in human beings, begar, and other forms of forced labor.
- Central Sector Scheme for Comprehensive Rehabilitation of Persons Engaged in Begging: This is a sub-scheme under the SMILE (Support for Marginalized Individuals for Livelihood and Enterprise) scheme by the Ministry of Social Justice & Empowerment.
- State Laws and Projects:
- Bombay Prohibition of Begging Act (BPBA), 1959
- Rajasthan Rehabilitation of Beggars or Indigents Act, 2012
- Court Ruling: In the Harsh Mander case (2018), the Delhi High Court declared some provisions of the BPBA 1959, which criminalized begging, as unconstitutional.
Future Directions (As Suggested by the National Human Rights Commission):
- Developing a national policy for the protection and rehabilitation of beggars.
- Enacting an anti-human trafficking law to curb forced begging.
- Creating a national database to track beggars' physical, mental, and social conditions.
- Additional measures include providing essential services through shelter homes, dismantling organized begging syndicates, and promoting skill development and employment programs.
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