A Note On Laws Regarding Child Begging In India

Introduction

Child Begging is one of the serious issues in India. It is a social issue related with the violation of the rights of Children. Generally, the term refers with the children who in the age of playing and education are roaming in the Street for alms. Many of the countries around the world are facing this menace and in India the problem has never got so much attention due to the negligence of the state. Hence the Society along with the Individual needs to take cognizance on the Issue and collectively work to eradicate this issue.

The scenario in the Indian Context

While walking on the road or traveling in bus or car we will come across a number of Children wearing filthy Clothes holding a bowl in hands come near the window of the Car/Bus asking for Alms. Not only in town is this scenario present higher in Metropolitan Cities. People either ignore the baggers by screaming or give them one or two rupees. More than money the little baggers show interest towards their tragic life so that people can rescue them from poverty. However, the life of a Child beggar is more tragic as it seems. Without any other Choice they have to beg for single-time food irrespective of Disease and Fever. The Situation of the girl Child bagger is worse where she has to face the bad intentions of the Drivers, Criminals. Despite of social evil Child Bagging is a part of forced bagging Racket. They are trained how to act as an impaired, disabled on the Road and take money after earning the fake sympathy of the people. The Racket is run by criminals or the notorious people in the society who give a part of money to these baggers which is hardly enough for one time meal for them.

In addition, many children are India are abducted and forced into Bagging. A data given by National Human Rights Commission more than 40000 children are abducted every year. Out of this 10000 remains unknown while rest of them is supposed to made enter in the forced bagger. It is estimated that more than 300000 Children are drugged, beaten and forced to beg every day in India. It is a money-making Industry which is controlled by the hidden Criminals keeping Children at the front. Due to legal lacuna in the bagging law related with Children, the police are unable to catch them. The Beggars are too young to be arrested. According to the Government, 2011 Data West Bengal and Uttar Pradesh are the States having most number of Child Baggers. States like Andhra Pradesh, Bihar, Rajasthan, Assam and Orissa. Due to problem in recognizing the beggar the data provided by the Government Agencies are not accurate.

Laws regarding Child Begging in India

Section 24(1) of the Juvenile Justice (Care and Protection) Act, 2000 provides that whoever uses Juvenile or Child for the purpose of begging or causing any juvenile to beg can be imprisoned up to three years and also shall be liable to fine. However due to the idleness of the police administration and problem in recognizing the culprits the law has failed to serve its purpose in India. The Bombay Prevention of Begging act makes Begging a crime. There are 22 states who have adopted this act. Since this act applies to all the Beggars including Child, but due to less than 18 years of age the law and the administration seems helpless before the Child Baggers.

Conclusion

There are many NGO and Governmental Organisations which are working in the direction of eradicating the Child Begging in India. Due to the existence of large of Baggers these Organisations have failed to achieve the target of Curbing Child Beggary. The Negligence of the Administration, as well as the lacuna in the Laws present for beggary, is responsible for the eradication of this social evil. The Government along with the society needs to Come together in order to eradicate this social evil from the Society.

This note has been written by Gaurav Kumar from Surendranath Law College, Kolkata

Law Corner

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