Dewangana Chhillar

Is Law Criminalising Poverty in India ? Dewangana Chhillar

Beggary laws persist in Indian jurisprudence despite evidence of abuse and presumption of criminality of the poor while implementation. A number of practical encounters with the law, in Mumbai and in Delhi, provides a context to exploring the relationship between poverty and criminality, and the extensive loss of rights that emerge as a consequence. Since the very inception of the human civilization, begging has remained prevalent in some form or the other. Begging has been practiced all around the world and beggars are majorly found in crowded places like bus stand, railway station, market places and near the places of worship. Religions such has Hinduism, Islam, Buddhism and Jainism, etc., have supported this form as they believed that adherents must focus exclusively on spiritual development without the possibility of becoming caught up in worldly affairs. A question to be determined always crops up whether the impugned Act of Bombay Prevention of Begging Act, 1959, is constitutional or not as it indirectly penalizes and covers all beggars under its wide ambit, the result being such that poverty stricken beggars are prosecuted and punished. But on the other side, Beggary is so interrelated to criminality that it requires checks and balances by law. The present book elaborates a critical subject-objective viewpoint on if it is really important to have a law against begging? If yes, would it deprive many with a fair and natural chance of survival in physical world? I understand, there can not be a testament on this. But should we really not bothered about understanding the survival mode of poor of the poorest in our society?