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Rostrum’s Law Review | ISSN: 2321-3787

Unveiling the Darkness at Red Lights: A Comparative and Prescriptive Scrutiny to Curb the Menace of Forced Child Begging

  • Authored by - Akansha Singh, Laadli Singhania
  • Issue - RLR (2023) Volume VII Issue II

Abstract

Children are like fragile flowers; however, some are made to face the gruesome consequences of forced begging. Though, India has done well in framing suitable laws and policies to battle child begging, its implementation at the grassroot level is chilling and alarming. This paper targets at exposing the horrendous nature of the crime of forced child begging through the case study of the little Mehrunessa along with unearthing the dearth of statistical data and the poor implementation of the laws. It also aims to summarize, systematize, critically reflect on existing literature, identify practical problems and dilemmas, and study different approaches followed around the world to devise a rationale stance along with a remedial plan of action. In wake of the recent PIL filed in the Delhi High Court, outraged by the escalating injustice due to forced child begging, the author suggests a change in the approach towards the issue and envisages the focus of the authorities to be laid on rescue and rehabilitation rather than criminalization.

Keywords: Children, begging, kidnapping, maiming, victim-centric, rehabilitation 

Introduction

“May god bless you with a baby boy” or “May god be with you forever” are not just lines one hears from the priests in temples but also from little beggars on the red lights.

While waiting for a traffic signal to turn green, we all have witnessed children with ripped clothes, broken limbs and dejected faces, knocking on one car window to the next, begging.

A pertinent question that sometimes crosses our minds is that who are these children and why do they do this. However, the answer to this is rather complex. Some of these children beg due to poverty and familial pressure while others are victims of child trafficking rackets.

India houses nearly 19% of the world’s children and more than one-third of its population, that is roughly 450 million, is below the age of 18 years.[1] Despite this, the country seems to be failing at curbing the menace of child trafficking for begging.[2]

In India, as per official statistics, more than 45,000 children are forced to beg.[3] These little ones are subjected to awful living circumstances, abuse, torture, and poverty. Children who are trafficked are enslaved and abused in ways that we cannot possibly conceive. They are sedated and even maimed since a disabled child attracts more attention and compassion, resulting in more money.[4]

A special provision, as Section 363A, was added to the Indian Penal Code, 1860[5] (hereinafter IPC) to punish kidnapping and maiming of children for begging. Article 23 of the Indian Constitution also prohibits the trafficking of humans and beggars.[6] Further, Section 76 of the Juvenile Justice (Care and Protection of Children) Act, 2015 criminalises employing or using children for the purpose of begging.[7] However, inspite of the strong legislative framework, the problem persists and is on the rise.

Forced child begging leads to the violation of child rights. Children are like fragile flowers, however, if the laws are ineffectual and the state is lax in curbing the atrocities against them, then the future of our civilization is definitely in danger.

Research Problem

The horrific nature of forced begging is still largely underestimated. The lack of present-day statistical data and inadequate research on forced child begging act as impediments for comprehensive and viable policy making. Further, the ineffectiveness of laws and laxity of the state are areas that need to be dealt with. Existing research fails to draw inspiration from other successful models across the global to formulate a workable plan of action to eradicate the problem.

Research objective

This paper aims at unearthing the horrendous nature of the crime of forced child begging and establishing that inspite of having well drafted laws in place, they are greatly ineffective due to poor implementation. It also aims to study different approaches followed around the world to devise a rationale stance along with a remedial plan of action.

Research questions

  • Is the present legislative framework proving to be effective in curbing the menace of forced child begging?
  • Is there a need for a change in our approach towards dealing with child begging?

Methodology

The research was undertaken using a mix of qualitative and quantitative methods of doctrinal research using secondary data. The qualitative aspect included collection and analysis of academic articles, journals, reports, news articles, and cases related to forced child begging. These sources were gathered from reputable databases and organizations working in the field of child rights. The quantitative aspect included analysis of relevant statistical data, such as official number of child beggars and their educational level. This data were collected from official websites and databases. The right balance of both help in providing a comprehensive picture of the issue and the gravity of the situation. Analyzing and interpreting both kinds of data further aids in devising a practical solution.

Literature Review

S.No. Author Title Key findings Research Gaps
1.

 

 Deeptima Massey, Abdur Rafique, Janet Seeley (2010) Begging in rural India and Bangladesh[8] ·       The paper deals with the challenging circumstances faced by beggars.

·       It delves into the type and nature of activities involved in begging.

·       The authors use in-depth interviews conducted with beggars from India and Bangladesh to compare and understand the reasons behind begging.

·       The authors’ analysis helps them conclude that begging is a necessity for some and must be handled sensitively.

 ·       The paper fails to identify the illicit activities associated with begging.

·       The paper fails to address the issue of exploitation of child beggars.

·       The paper lacks a comprehensive comparative analysis due to taking only two countries of the same region into scrutiny.

 
2. Iveta Cherneva (2011) Human Trafficking for Begging[9] ·       The paper comprehensively defines begging and human trafficking.

·       The author identified the problem of forced begging being an understudied topic in the international arena and highlighted the lacunae in the international laws dealing with human trafficking.

·       The author thoroughly examined the psychology of customer demand that fuels illicit activities and impliedly suggested a few remedies.

 ·       The paper fails to highlight the challenges faced by state authorities or judiciary while dealing with forced child begging.

·       The author concludes by taking a contradictory stance in favour of criminalizing begging and fails to acknowledge its shortcomings.

 
3. U. Dhivya & K. Sandhiya (2020) Child Trafficking – A Cancer to Be Cured[10] ·       The paper systematically deals with the issue of child trafficking and its kinds.

·       The paper subsequently analyses the impact of trafficking and forced begging on the child and society.

·       The paper also provides the judicial reaction to the menace of child trafficking.

 ·       The paper fails to highlight the shortcomings in the implementation of statutes and the laxity of the authorities.

·       The paper fails to address the human rights violation of beggars.

·       The paper fails to provide any remedial measure that needs to be taken.

 
4. Niyati Gulia (2017) Child Begging in Chandigarh[11] ·       The paper brought to light the ugly face of child begging in the beautiful city of Chandigarh.

·       A survey conducted in 2016 in Eastern Chandigarh revealed that 274 children were forced to beg either due to familial pressure of other reasons.

·       The paper also highlighted that these children were trafficked from different states and there is an urgent need for the authorities to take action.

 ·       The author fails to identify the reasons behind the rise in number of beggars despite statutory provisions being in place.

·       The paper fails to provide any remedial measure that must to be taken.
5. Avanish Bhai Patel (2016) Child Trafficking in India: An Overview[12] ·       The paper highlights that trafficking of children is the most alarming issue today and leads to not just begging but prostitution, pornography and several other illicit activities.

·       The paper also discusses the impact of poverty, tourism, migration, religious prostitution, globalization, corruption, illiteracy, and lax law enforcement on the issue of child trafficking.

 ·       The paper failed to analyse the plight of children forced to beg after being trafficked.

·       The paper failed the place reliance on any data to analyse the situation of child trafficking in India or abroad.

·       The paper failed to provide a workable solution to the problem.

 

Critical Analysis

Section 363A: Tracing its evolution and highlighting the ineffectiveness

The discussion on begging can be traced back to September 2, 1949, when Dr. P. S. Deshmukh suggested an amendment to the state list of the constitution to include regulation of begging; however, it was rejected since it was seen to fall under the concurrent list’s definition of vagrancy.[13] The IPC also had no mention of begging before the Indian Penal Code (Amendment) Act, 1959 was passed, which introduced Section 363A.[14]

Even though the introduction of this section was a revolutionary step and it is a well drafted piece of legislation, it lacks proper on ground enforcement and implementation.

In the ongoing case of Ajay Gautam v. Delhi Commission for Protection of Child Rights and Ors., the petitioner filed a PIL in the Delhi High Court outraged by the escalating injustice due to forced child begging. According to him, a “begging mafia” is actively behind the begging scourge, and they kidnap, force, torture, and coach innocent children to beg. Despite there being several child beggars around Delhi, the authorities have failed to take any mitigation measures, according to the petition. Chief Justice Sharma bemoaned that, in his two months in Delhi, he had witnessed the “same set of children” begging on the streets every day, exposing the fallacy of claims that action was being taken to improve the situation. Understanding the gravity and urgency of the situation, the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad emphatically stressed to the government that it wanted on-ground results and evident steps to be taken.[15]

Given that child begging exemplifies one of the cruelest, yet distressingly pervasive methods of child exploitation in today’s society, it provides a crucial focal point for the fight for children’s rights. Furthermore, it unearths the ubiquitous lack of state machinery to protect children.[16]

Regrettably, except for the information furnished by the 2011 Census, there is no statistical data on the country’s actual beggar population.

In December 2021, the Ministry of Social Justice and Empowerment claimed that, as per census data, there has been a significant decrease in the number of child beggars in India, from 1,12,794 in 2001 to 45,296 in 2011. However, there seems to be a fundamental flaw in appreciating and dealing with these numbers presently as they are more than a decade old, do not factor in the surge in child beggars during COVID-19 and only deal with children below 14 and not 18 years.[17]

This can be substantiated by the World Vision report released on November 9, 2020, revealing that as a result of the pandemic, eight million children worldwide were forced into child labour and begging.[18]

Thus, an inference can be drawn that the actual number of forced child beggars in the country presently is substantially higher. Amongst all the states and union territories, there are some where the situation is far worse than the otherS. As depicted through the pie chart, Uttar Pradesh accounts for nearly a quarter of the total number of child beggars in the country.

Vishesh Gupta, the chairperson of UP State Commission for Protection of Child Rights assured the public that special measures will be implemented to deal with the issue, but assurances alone would not suffice at this point.[19]

Small kids are lured, given eatables and kidnapped in order to employ them in begging and several other illicit activities.[20] A 9 year old girl was decoyed by a toy-seller who kidnapped her and on being arrested he admitted that he kidnaps children, forces them to beg and reaps the profit by using these little innocent victims.[21] These cases are just the tip of the iceberg.

Despite having stringent legal provisions, syndicates employ and generate revenue by forced child begging on a daily basis. The recruiting process has evolved into a multi-layered activity with layman, dealers, informants, recruiters and many more being a part of it. Nearly all of the beggars’ earnings are kept by the trafficking pimp. Further, beggars are also frequently threatened with being reported to the police if they attempt to flee and are trained to not reveal their identities.[22]

According to Sangeeta Sharma, the director of Childline Lucknow, there is a lot of evidence suggesting that such gangs are active in supporting child beggary, but not enough proof to link them all together to track down those responsible. [23]

Another major impediment is that due to anxiety, fear, trauma or manipulation by criminals, getting legitimate and reliable testimonies from child begging victims can be problematic, thus, hampering the prosecution’s case.

In a 2017 ruling, the petitioner was given custody of two small children for their schooling, but they were prohibited from contacting anyone for around six months. Due to the contradictions in the children’s testimony, the case was dismissed despite the fact that it was believed that the youngsters had been sold for begging and other unlawful acts.[24]

Thus, the judiciary should take the circumstances into consideration while deciding the cases relating to forced begging and not necessitate the prosecution to dot every ‘i’ and cross every ‘t’.[25]

Though the judiciary has been strict in not whimsically granting bail to the accused,[26] highlighting the gravity of the offence under Section 363A of IPC and issuing non- bailable warrants on several occasions,[27] it is still imperative to take some strict action to rescue such kids from the clutches of these syndicates and punish their leaders.

Understanding the horrific nature and gravity of the offence: A case study

Suraiya Bibi, the mother of the little Meherunessa, abandoned by her husband, worked as a domestic help in the house of the accused. Being extremely poor, all she aspired was for her daughter to live a comfortable life and thus, fell prey to the marriage proposal of a man in Saudi Arabia made by the accused in feigning compassion. They say, when you part- a part of you dies. The parting of the mother- daughter for the sole prospect of a rose-like blooming marriage, otherwise beyond the capacity of the destitute mother was in reality a horrific nightmare. There were no roses but only thorns. The poor girl was treated like a new commodity in the meat market and forced to beg for alms. She eventually managed to get away one day and turned herself in to the Saudi Arabian Police. She was deported to Bombay where she reunited with her mother. They immediately filed a complaint against her employers who were tried by the courts and imprisoned under Section 363A of IPC.[28]

The Trial Court had ordered the punishment under Sections 363A and 366A to run concurrently and sentenced 8 years of imprisonment; however, during the appeal filed in the Calcutta High Court, it held that the Trial Court should have been more sensitive and cognizant of the abhorrent and horrendous character of the crime and should not have imposed a somewhat lenient sentence without potentially grasping the inadvertent impact it has on the society.[29]

The movie ‘Slumdog Millionaire’ offers a striking illustration of forced begging. Although forced begging is a long-standing practice in and of itself, it has only lately come under scrutiny as a heinous kind of human trafficking.

In the case of Banumathy v. State of Tamil Nadu, the judge highlighted that:

“Kidnapping of a child not only creates panic in the child’s mind or terrifies the parent, but it is a serious threat to the public at large. It is furthermore important that the authorities apply their mind to the seriousness of the issue and the gravity of the offences and must see that the accused does not escape from the clutches of law on technical grounds.” [30]

 

Dealing with the menace of forced child begging

Sweden Model

The Swedish Model approach to prostitution (also known as the Nordic Model) decriminalizes the acts of all the prostitutes and deploys support services to help them exit. Whereas, the clients who actually pay for sex are charged for a criminal offence. The intent of such model is to reduce the demand that drives sex trafficking. This model is being successfully followed in Sweden, Iceland, Norway, Northern Ireland, France, Canada, Ireland, and most recently, Israel.[31]

This approach broaches the discussion of the applicability of such a model to the Indian forced begging scenario. This model helps us understand that the simple economic concepts of demand and supply have huge impacts on problems.[32]

Naturally, our hearts melt on seeing an innocent young face in a pitiable state, and our hands immediately slip into our purses, however, giving them money does more harm than good. The horror does not end at child begging, these children are then forced into other crimes too. No matter how noble a person’s intention is, it is impossible for them to know whether the money they are giving actually feeds the beggars or feeds the multimillion dollar illegal racket of the beggar mafias. Thus, it is essential to restrict the practice of giving money to beggars.[33]

Victim-centric approach

In the interest of the children and the community at large, it is essential to have a victim-centric approach towards forced child begging, which we lack. In USA, the U.S. Trafficking Victims Protection Act, 2000 aims at not incarcerating or imposing fines on victims for the offences that have been committed as a result of being trafficked or compelled.[34]

Thus, the beggars should not be penalized for the act of begging or any other unlawful activity that they are compelled to do by their employers.

If we take the example of China, their emergency hotline number “110” began to be used to also report suspected instances of forced begging, which law enforcement officers are expected to look into further. If a blood tie between the kid and their guardian cannot be proven, police are trained to take such children into custody and the state rehabilitates them. Since this policy was implemented in April 2009, numerous children have been saved from the horrors of begging.[35]

Thus, our approach should be based on rescue and rehabilitation rather than criminalization. The begging laws of India are an echo of the century-old vagrancy laws of Europe that disregard the vital distinction between legal text and reality.[36] The Bombay Prevention of Begging Act of 1959 makes begging in public, illegal.[37] In a nutshell, it aims to criminalise beggary rather than addressing its socio-economic aspect. This law is self-defeating and problematic.

In the wise words of Justice Iyer, “Law is not a mascot but a defender of the faith. Surely, if law behaves lawlessly, social justice becomes a judicial hoax.”[38]

Anti-begging laws punish professional beggars severely, but they also ensnare a great number of innocent people in its web. The basic aim of the present law is to assist the poor and downtrodden in getting back on their feet. Accredited institutions and rehabilitation centres are severely ill-equipped to educate prisoners on way to provide alternative sources of revenue.

The year 2010, saw the gruesome death of 286 prisoners at Bangalore’s Nirashithara Parihara Kendra (Beggars Home) unearthing the unsteady foundation of the act.[39] Courts have aptly highlighted the futility and wastage of funds in detaining beggars in neglected beggar homes.[40] The need of the hour is a proper rehabilitation system to reform the child beggars and provide them with basic necessities,[41] dignity[42] but most importantly education.[43]
A survey of 35 child beggars was undertaken in Jammu. [44] The results have been summarized through the following tables:

Table II clearly highlights that more than 70% of the children on the streets are illiterates and so are their parents. Thus, reforms in policies to ensure that child beggars are rescued and rehabilitation safeguards their right to education, is very crucial.

Conclusion and Recommendations

Despite the UNCRC being almost universally ratified, child protection tends to be dissatisfactory across the world. Although it seems that our government reinforces the notion that children shouldn’t be exploited, trafficked, abused, or forced to beg, it is less discernible how committed they are to establishing and maintaining a safe environment for them. The most delightful phase of life is childhood. It is a time when one’s imagination and creativity start to bloom. Regrettably, millions of children are brutally abused nowadays, having fallen prey to selfish men who ruin their lives. The perpetrators of this horrible crime are a vested syndicate. They kidnap hundreds of kids each year, barbarically disfigure them, and force them to beg.

The New Bill of IPC under Section 137 proposes progressive changes.[45] Going a step further from the changes suggested by the 42nd Law Commission Report,[46] the new draft has increased the punishment for kidnaping and maiming for begging to life imprisonment, further the description of the offence has been changed to rigorous, a minimum imprisonment is mandated and the discrepancy in the age of minors has also been fixed by making it gender-neutral, that is 18 years for all.

Thus, India has done well in framing suitable laws and policies to battle child begging. However, its implementation at grassroot level is chilling and alarming.[47]

Considering the importance of restricting the demand of child begging, the author suggests prohibiting or penalizing of the practice of giving alms. It is definitely a cumbersome task to restrict people from giving alms to beggars and this would definitely be a slow change, however, an essential one. The cameras installed to detect traffic rules violation could also be deployed for the purpose of identifying people giving alms.

Further, a victim-centric approach should be applied by the legislature and judiciary both. The acts of the beggars due to them being trafficked and compelled should not be penalized, further,[48] the technicalities of the judicial proceedings should keep in mind the nature of the act and the difficulty in proving the allegations. Also, state must focus on rehabilitation and providing of basic necessities to the beggars.[49]

Thus, rather than criminalizing begging or acts of beggars, their rehabilitation should be the priority of the state. The Supreme Court[50] had appointed the National Commission for Protection of Child Rights as the nodal agency to monitor the programmes and their progress in the matter, however, as highlighted by Chief Justice Sharma, the commission is miserably failing in its duties. In the same case, the Solicitor General had also proposed that each state must identify an officer to be responsible for implementation of schemes related to children. Taking authority from this case, the author proposes the appointment of special officers for the purpose of identification of child beggars and their rehabilitation. Such a person must be an expert in the field and must work in cooperation with the police to rescue as many children possible in that jurisdiction.[51]

For example, the Delhi Commission for Protection of Child Rights has identified 52 child begging hotstops, thus experts could be deployed in each of such areas to rescue the victims of child trafficking and forced begging.

In the garden of humanity, the bloom of innocence is threatened by the terrifying winds of forced child begging. We must make it our priority to ensure that every child’s dreams ascend unimpeded towards the golden sky, keeping in mind the famous words of Kailash Satyarthi:

“There is no greater violence than to deny the dreams of our children.”[52]

Bibliography

Books

  1. Sumant Kumar, Protection of Child Rights in India: An Uncertain Future 105 (SK Books 2019).
  2. Mark B. Teerink, Burns H. Weston, Child Labor and Human Rights: Making Children Matter 15 (Lynne Rienner 2005).

Articles

  1. Pratibha Singhi, Arushi Gahlot Saini, Prabhjot Malhi, Child maltreatment in India, 4 Paediatr. int. child health 292, 292-300 (2013).
  2. Antoinette K. Zoumanigui, On the Talibé phenomenon: A look into the complex nature of forced child begging in Senegal, 24.1 J. Child. Rights 185, 187 (2016).
  3. Deeptima Massey, Abdur Rafique, Janet Seeley, Begging in rural India and Bangladesh, 45 Econ Polit Wkly 64, 64-71 (2010).
  4. Iveta Cherneva, Human Trafficking for Begging, 17 Hum. Rts. L. Rev. 25, 28-73 (2011).
  5. Dhivya & K. Sandhiya, Child Trafficking – A Cancer to Be Cured, 18 Supremo Amicus 251, 253-260 (2020).
  6. Niyati Gulia, Child Begging in Chandigarh-A Survey Report, 7.8 Asian j. soc. sci. arts humanit. 66, 69-73 (2017).
  7. Avanish Bhai Patel, Child Trafficking in India: An Overview, 2.1 IJLS 55, 56-59 (2016).
  8. Ruma Bordoloi, Manashi Neog, Analyzing the Root Causes of Child Trafficking Using Supply and Demand Logic, 24 ALJ 133, 140 (2016-17).
  9. Anupma Kaushik, Rights of children: A case study of child beggars at public places in India, 2.1 JSWHR 1, 9 (2014).
  10. Anant Vijaya Soni, Child Begging: The Curse of Modern Indian Cities, 4 AIJRA 27.1, 27.7 (2015).
  11. Pratik Maitra, Anti beggary laws in India: A critical analysis, 2.1 JCLJ (2021) 1009.
  12. Usha Razdan, Street Children: Etiology and Futurology, 38 JILI 480, 483 (1996).
  13. Haya Ashraf, Begging a Crime or a Necessity: Whether to Criminalise or Decriminalise the Beggary Law in India, 4 Indian J.L. & Legal Rsch. 1, 7 (2022).
  14. Shakeel Ahmad, Talat Anjum, Child Trafficking-A Socio Legal Issue in India, 26 ALJ 36, 49 (2018-19).
  15. Shrabasti Sarkar, The Impact of Child Labour on the Rights of Children in India-An Analysis4 Int’l JL Mgmt. & Human. 3067, 3067 (2021).

Online sources

  1. National Institute of Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2738347/ (last visited on Aug 24, 2023).4
  2. Press Information Bureau, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1778853 (last visited on Aug 24, 2023).
  3. Lok Sabha, https://loksabha.nic.in/writereaddata/cadebatefiles/C02091949.html (last visited on Aug 22, 2023)
  4. Deccan Herald, https://www.deccanherald.com/india/hc-seeks-response-from-centre-delhi-govt-on-pil-against-child-begging-1019327.html (last visited Aug 23, 2023)
  5. Global Citizen, https://www.globalcitizen.org/en/content/world-vision-coronavirus-child-labor-begging/ (last visited on Aug 22, 2023).
  6. Times of India, https://timesofindia.indiatimes.com/city/lucknow/no-of-child-beggars-goes-up-during-covid/articleshow/92117932.cms (last visited on Aug 20, 2023).
  7. Hindustan Times, https://www.hindustantimes.com/cities/others/lucknows-child-beggary-problem-uncovering-the-nexus-behind-the-child-beggary-gangs-and-the-need-for-collective-action-101688670908445.html (last visited on Aug 21, 2023).
  8. PSR Legislative Research, Bharatiya Nyaya Sanhita, https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf (last visited Aug 21, 2023).

Acts and Constitution

  1. Bombay Prevention of Begging Act, 1959, § 06, No. 10, Acts of Parliament, 1959 (India).
  2. Juvenile Justice Act, 2015, § 76, No. 02, Acts of Parliament, 2015 (India).
  3. Indian Penal Code (Amendment) Act, 1959, § 2, No. 52, Acts of Parliament, 1959 (India).
  4. Indian Penal Code, 1860, § 363A, No. 45, Acts of Imperial Legislative Council, 1860 (India).
  5. India Const. 23.

Reports

Law Commission, Report No. 42, available at https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022082456.pdf (last visited on Aug 22, 2023).

Cases

  1. Saima Khatun v. State of W.B., 2016 SCC OnLine Cal 255.”
  2. Salim v. State, 2020 SCC OnLine Raj 2672.”
  3. Manoj Thakur v. State of Assam, 2017 SCC OnLine Gau 461.”
  4. Akram Khan v. State of West Bengal, 2010 SCC OnLine Cal 1787.”
  5. Santhosh K.P. v. State of Karnataka, 2020 SCC OnLine Kar 1956.”
  6. Rasheed v. Erumapetty Police Station, 2012 SCC OnLine Ker 24035.”
  7. Foyam Sk. v. State of West Bengal, 2003 SCC OnLine Cal 550.”
  8. Banumathy v. State of T.N., 2014 SCC OnLine Mad 882.”
  9. Shantistar Builders v. Narayan Khimalal Totame, (1990) 1 SCC 520.
  10. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.
  11. Unni Krishnan J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645.
  12. Ram Lakhan v. State, (2007) 137 DLT 173.
  13. Bachpan Bachao Andolan v. Union of India, (2010) 12 SCC 180.”
  14. Harsh Mander v. Union of India, 2018 SCC OnLine Del 10427.
  15. Gopalanachari v. State of Kerala, AIR 1981 SC 674.

Author(s):

Akansha Singh, Assistant Professor, Symbiosis Law School Pune.

Laadli Singhania, Symbiosis Law School Pune.

References:

[1] National Institute of Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2738347/ (last visited on Aug 24, 2023).

[2] Pratibha Singhi, Arushi Gahlot Saini, Prabhjot Malhi, Child maltreatment in India, 33.4 Paediatr. int. child health 292, 292-300 (2013).

[3] Press Information Bureau, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1778853 (last visited on Aug 24, 2023).

[4] Antoinette K. Zoumanigui, On the Talibé phenomenon: A look into the complex nature of forced child begging in Senegal, 24.1 Int. J. Child. Rights 185, 187 (2016).

[5] Indian Penal Code, 1860, § 363A, No. 45, Acts of Imperial Legislative Council, 1860 (India).

[6] India Const. art. 23.

[7] Juvenile Justice Act, 2015, § 76, No. 02, Acts of Parliament, 2015 (India).

[8] Deeptima Massey, Abdur Rafique, Janet Seeley, Begging in rural India and Bangladesh, 45 Econ Polit Wkly 64, 64-71 (2010).

[9] Iveta Cherneva, Human Trafficking for Begging, 17 Buff. Hum. Rts. L. Rev. 25, 28-73 (2011).

[10] U. Dhivya & K. Sandhiya, Child Trafficking – A Cancer to Be Cured, 18 Supremo Amicus 251, 253-260 (2020).

[11] Niyati Gulia, Child Begging in Chandigarh-A Survey Report, 7.8 Asian j. soc. sci. arts humanit. 66, 69-73 (2017).

[12] Avanish Bhai Patel, Child Trafficking in India: An Overview, 2.1 IJLS 55, 56-59 (2016).

[13] Lok Sabha, https://loksabha.nic.in/writereaddata/cadebatefiles/C02091949.html (last visited on Aug 22, 2023)

[14] Indian Penal Code (Amendment) Act, 1959, § 2, No. 52, Acts of Parliament, 1959 (India).

[15] Deccan Herald, https://www.deccanherald.com/india/hc-seeks-response-from-centre-delhi-govt-on-pil-against-child-begging-1019327.html (last visited Aug 23, 2023)

[16] supra note 8.

[17] supra note 2.

[18] Global Citizen, https://www.globalcitizen.org/en/content/world-vision-coronavirus-child-labor-begging/ (last visited on Aug 22, 2023).

[19] Times of India, https://timesofindia.indiatimes.com/city/lucknow/no-of-child-beggars-goes-up-during-covid/articleshow/92117932.cms (last visited on Aug 20, 2023).

[20]“Saima Khatun v. State of W.B., 2016 SCC OnLine Cal 255.”

[21]“Salim v. State, 2020 SCC OnLine Raj 2672.”

[22] supra note 9.

[23] Hindustan Times, https://www.hindustantimes.com/cities/others/lucknows-child-beggary-problem-uncovering-the-nexus-behind-the-child-beggary-gangs-and-the-need-for-collective-action-101688670908445.html (last visited on Aug 21, 2023).

[24]“Manoj Thakur v. State of Assam, 2017 SCC OnLine Gau 461.”

[25]“Akram Khan v. State of West Bengal, 2010 SCC OnLine Cal 1787.”

[26]“Santhosh K.P. v. State of Karnataka, 2020 SCC OnLine Kar 1956.”

[27]“Rasheed v. Erumapetty Police Station, 2012 SCC OnLine Ker 24035.”

[28]“Foyam Sk. v. State of West Bengal, 2003 SCC OnLine Cal 550.”

[29] Id.

[30]“Banumathy v. State of T.N., 2014 SCC OnLine Mad 882.”

[31] supra note 9.

[32] Ruma Bordoloi, Manashi Neog, Analyzing the Root Causes of Child Trafficking Using Supply and Demand Logic, 24 ALJ 133, 140 (2016-17).

[33] Sumant Kumar, Protection of Child Rights in India: An Uncertain Future 105 (SK Books 2019).

[34] supra note 9.

[35] Anupma Kaushik, Rights of children: A case study of child beggars at public places in India, 2.1 JSWHR 1, 9 (2014).

[36] Anant Vijaya Soni, Child Begging: The Curse of Modern Indian Cities, 4 AIJRA 27.1, 27.7 (2015).

[37] Bombay Prevention of Begging Act, 1959, § 06, No. 10, Acts of Parliament, 1959 (India).

[38] Gopalanachari v. State of Kerala, AIR 1981 SC 674.

[39] Pratik Maitra, Anti- beggary laws in India: A critical analysis, 2.1 JCLJ (2021) 1009.

[40] Harsh Mander v. Union of India, 2018 SCC OnLine Del 10427.

[41] Shantistar Builders v. Narayan Khimalal Totame, (1990) 1 SCC 520.

[42] Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.

[43] Unni Krishnan J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645.

[44] Usha Razdan, Street Children: Etiology and Futurology, 38 JILI 480, 483 (1996).

[45] PSR Legislative Research, Bharatiya Nyaya Sanhita, https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf (last visited Aug 21, 2023).

[46] Law Commission, Report No. 42, available at https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022082456.pdf (last visited on Aug 22, 2023).

[47] MARK B. TEERINK, BURNS H. WESTON, CHILD LABOR AND HUMAN RIGHTS: MAKING CHILDREN MATTER 15 (Lynne Rienner 2005).

[48] Ram Lakhan v. State, (2007) 137 DLT 173.

[49] Haya Ashraf, Begging a Crime or a Necessity: Whether to Criminalise or Decriminalise the Beggary Law in India, 4 Indian J.L. & Legal Rsch. 1, 7 (2022).

[50]“Bachpan Bachao Andolan v. Union of India, (2010) 12 SCC 180.”

[51] Mohd. Shakeel Ahmad,Talat Anjum, Child Trafficking-A Socio Legal Issue in India, 26 ALJ 36, 49 (2018-19).

[52] Shrabasti Sarkar, The Impact of Child Labour on the Rights of Children in India-An Analysis 4 Int’l JL Mgmt. & Human. 3067, 3067 (2021).
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