Prerna Mitra, Advocate enrolled with the Bar Council of West Bengal and Legal Associate at Mitra Associates, Siliguri, West Bengal
ABSTRACT
Begging in India, often a survival strategy for those in extreme poverty, has evolved into a complex social issue linked to organized crime, human trafficking, and exploitation. The act of giving alms, intended to help individuals, frequently fuels larger beggary rackets, raising questions about whether such charity helps beggars or merely sustains exploitative networks. Despite existing anti-beggary laws, such as the Bengal Vagrancy Act of 1943, West Bengal continues to harbour the largest population of beggars in India. This paradox highlights the inefficacy of laws that criminalize beggars without providing pathways for their rehabilitation and reintegration into society as productive members.
The punitive nature of these laws violates the fundamental right to life under Article 21 of the Constitution of India. Criminalizing beggary further marginalizes vulnerable populations, perpetuating a cycle of poverty and exclusion rather than addressing the root causes of homelessness and destitution. This research critically examines the Bengal Vagrancy Act, identifying the legal and structural shortcomings that have led to the rise in the beggar population in West Bengal. It advocates for an urgent shift in legislative approach from criminalization to rehabilitation, in alignment with constitutional values, to create sustainable solutions that empower individuals to lead self-reliant lives. The paper emphasizes the pressing need to amend the Act, proposing reforms that uphold human dignity and effectively eliminate the scourge of beggary in Bengal that can eventually serve as a model framework to address the menace of beggary in the country.
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