While in India, we may have noticed several people around us beg – from children to the elderly – individuals who are left to the mercy of others for their survival and basic necessities. It is a socio-economic problem that can be associated with poverty, unemployment, or having been socially outcast from family or society, as is the case with transgenders and those mentally ill or physically handicapped. Several countries have enacted laws in relation to begging, either expressly prohibiting and/or criminalizing the act. In India, there is no Central Legislation which deals with begging and is left to the wisdom of the States/Union Territories to legislate on the matter wherein 19 States and 3 Union Territories have enacted laws[1] to varying degrees of prohibiting, penalizing and/or criminalizing the act of begging.
The List of States/UT’s and the Corresponding Legislation is as follows:
[1] http://164.100.24.220/loksabhaquestions/annex/14/AS357.pdf
THE TAMIL NADU PREVENTION OF BEGGING ACT, 1945
The Tamil Nadu Prevention of Begging Act was enacted on 24th June 1945 with the intent to “provide for the prevention of begging for the detention and employment of beggars and their dependents in work-houses or special homes, and for the custody, trial and punishment of beggar offenders in the State of Tamil Nadu”.[1]
Let us first understand what constitutes begging for the purposes of the Tamil Nadu Prevention of Begging Act, 1945 (hereinafter referred to as the ‘Act’). Section 2(1) defines ‘begging’ as-
(i) soliciting or receiving alms in a public place, whether under the pretense of singing, dancing, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving alms;
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
but does not include soliciting or receiving money or food or gifts for such purposes as may be prescribed.
PENALTY, PUNISHMENT AND POWER OF POLICE TO ARREST FOR BEGGING
Section 3(1) of the Act provides that whoever is seen begging in public places shall be fined up to ₹ 50 on the first conviction and/or imprisoned for up to one month. On subsequent conviction, the imprisonment may extend to six months.
Section 3(2) empowers any police officer to arrest any person who is found to be begging without a warrant. However, any such person who is begging within a private premise cannot be arrested without a complaint from the occupier of such private property.
[1] Preamble ( The Tamil Nadu Prevention of Begging Act 1945).
PROVISION(S) FOR MEDICAL EXAMINATION
Section 5 of the Act provides that whenever a person is arrested under begging s/he shall be produced before the Magistrate within 24 hours of the arrest after which s/he shall be examined by a medical professional not below the rank of Assistant surgeon. After such examination, the examiner must issue a certificate attesting to the convict’s age and labour capacity. If it is found by the medical professional that the arrested person is a leaper, the Magistrate may order him to be detained indefinitely in a leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act III of 1898).[1] The leper may be released when a medical officer certifies the detained person has fully rehabilitated. The magistrate can also release a leper whom they consider suitable with or without surety. And making him fully responsible for his housing, medical treatment and maintenance of such a person and for preventing him from begging or being used for the purpose of begging.[2]
PROVISION(S) FOR DEALING WITH JUVENILE-BEGGAR OFFENDERS
As per Section 6 of the Act, if it is found that the arrested person has not attained the age of 18 years, the child should be brought before the Juvenile Justice Home without any delay with the certificate issued by the medical examiner. Section 12(2) provides that if it is found that a child arrested under beggary, has not attained the age of 14 years and he doesn’t have a parent, guardian, home or has parents with criminal or drunken habits, then the Court may pass an order under sub-section (1) of Section 29 of the Tamil Nadu Children Act, 1920.
[1] Section 10A(1), Tamil Nadu Prevention of Begging Act, 1945
[2] Section 10A(2), Tamil Nadu Prevention of Begging Act, 1945
