Colonial and regressive ‘poor laws’

The anti- beggary laws in post-Independent India draw from the Bombay Prevention of Begging Act 1959 (BPBA). Tragically, this law of free India is modeled after the poor laws of Victorian England.

The criminalisation of begging is an altogether colonial construction. Traditional societies have been more tolerant of people who live by begging. In Hinduism and Buddhism holy men and women living off alms is in fact valorised because it is believed to act as an ego perforator and teach humility. It enables sadhus and sanyasis to break away from material bondage, especially desire for accumulation. It was in the 1920s that begging was first declared a crime in British India modelled on the Victorian minded anti-poor laws then prevalent in England. Unfortunately, in free India the anti-beggary law was further institutionalised in the form of the BPBA, and extended to 18 states including Delhi.

The law is patently unconstitutional.Apart from targeting the destitute, it treats the legitimate modes of earning livelihood of the already marginalised traditional art communities in India as criminal acts and deprives them of all their fundamental rights guaranteed under the Constitution, in addition to snatching away their children.

Notice the ridiculous overarching definition of beggary under the BPBA:

“Soliciting or receiving alms in a public place, whether or not under any pretense of singing, dancing, fortunetelling, performing or offering any article for sale.”

Most traditional art performers are criminalised through this clause.

“Entering any private premises for the purpose of soliciting or receiving alms…”

In one stroke, lakhs of sadhus, sanyasis, Baudh bhikshus etc., who have taken dharmic vow to live on bhiksha without