Criminalization of Beggary - a Critical Look at the Existing Indian Legal Approach

Criminalization of Beggary - A Critical Look at the Existing Indian Legal Approach

Nagarathna. A. •

Abstract

This paper assesses the facet of beggary and its perception in India and in turn it presents the current scenario of Indian legal approach of dealing with the same. The current law’s approach of criminalising beggary is critically examined in the light of basic principles of criminal law and factors of criminalisation. The legitimacy of criminalising beggary is criticised on these lines of principles and factors.

The paper considers criminalisation of beggary as unjustified and unwarranted for not fulfilling the socio-legal requirements of criminalisation. Punishing for being poor instead of providing alternative means of livelihood is in fact a failure of the ‘welfare’ state deserving a therapeutic and preventive rather than punitive approach. The paper however justifies criminalisation of acts of repeated begging in spite of previous admonitions and criminal liability, abetting beggary and other serious forms of offences like maiming and kidnapping for the purpose of beggary. It is at this point that criminalisation is justified for being in confrontation with the established principles of criminal law and justified, both legally as well as morally. Thus, the paper regards the combination of both the punitive and therapeutic approach, to be subjectively determined in each case as the most effective and appropriate solution to the menace.

Keywords: Criminalisation of beggary, principles of criminal law, factors of criminalisation

Introduction

Beggary is not novel to India and has been in existence since time immemorial being one of the socially and culturally accepted practices. It is believed in India that Lord Shiva once ran his household by a mere income of scalping collected by begging among rishis and sadhus. In fact, the first step of becoming a Hindu monk (brahmachari) would be to beg (for the teacher and for self). Various ancient Hindu...