Persecution of Nat families under a flawed legal system
The absurd anti-begging laws in India are among the more disgraceful legacies of the British Empire, victimising the poorest of the poor and leaving members of the Nat community in severely dire straits.
In the previous two parts of this series, I described how the children of our traditional art performing communities, namely Nats, are forcibly taken away by the police in collaboration with NGOs claiming to work for child rights while adults are locked up in jail on charges of beggary and using child labour. In Part III of this series, I would like to describe the venality and absurdity of the laws against beggary and child labour. owning any material assets or even accumulating food, are condemned and damned as legal offenders. Under this law, if Mahatma Buddha himself descended into 20th century India, he would have been locked up in jail. This law showed callous disregard for the millennia-old faith traditions of India, typical of the brown-sahib mentality of the Nehruvian elite.
“Having no visible means of subsistence and wandering about or remaining in a public place in such condition or manner, as it makes it likely that the person doing so exists by receiving or soliciting alms.”
This criminalises poverty, which in most cases has been a direct result of misguided government policies. The India of 1950s was still wretchedly poor. Criminalising poverty in a country whose economy had been brutally wrecked by 200 years of colonial rule, pushing vast sections of our peasantry, as well as traditional artisans into destitution and penury, was truly bizarre. And yet such a culturally insensitive and anti-poor law was enacted in the heyday of Nehruvian socialism. Children of Manganiyars, Kalbelias, Mirasis etc. have often outshone in talent shows on television, so readers will have an idea of the potential that lies among them. children of the poor forcibly put in orphanages or protection homes are not allowed any contact with the outside world.
Releasing a child from these Homes requires soul-destroying amount of legal procedures, paper work, including producing identity papers, caste certificates from local sarpanch, NGO guarantors who will take responsibility that the child will be educated. The process can take weeks or months. Procuring these certificates requires several trips and bribes. The child is not released in the city or town from he/she was taken into custody but in the native home town or village. This also involves a great deal of additional expense. Those who don’t have identity papers, have no escape.
The Natnis locked up in Nari Niketans are subjected to abusive behaviour, treated like prostitutes, and often sexually exploited. The release of a sentenced adult on bail involves a minimum expense of Rs 10,000 by way of legal costs, bribes and another Rs 10-15,000 for getting a child out of “Protection Homes”