The Poor House Court deals with crimes under Bombay Begging Prevention Act, 1959

Name: … ; Father’s name: Unknown; Permanent address: c/o Footpath, Delhi.

This is the average profile of an accused in the musty Poor House Court in New Delhi. Aptly named, the court deals only with crimes under the Bombay Begging Prevention Act, 1959, applicable to Delhi vide a government notification issued by the Delhi Government about 70 years ago!

On a particularly hot summer afternoon, a group of 21 beggars are hauled up before the presiding officer of the Court and lone judge Sanatan Prasad. He has a little chat with each of the accused and asks the welfare officer accompanying them to take note of the complaints they have. He gently admonishes them for their ‘crime’ and releases the first time offenders go as the law prescribes.

Beggars are not an uncommon sight on the streets of Delhi. Yet stretching one’s palms in a public place whether or not under any pretense, ‘appearing to have no visible means of subsistence’ or even ‘wandering about in any public place in such a manner so as to solicit alms’ are enough reasons to be tugged into a jeep by the raid officers or be booked by the local police station.

‘Too hot to wander’



“During the summer we don’t get as many people in a raid as we get otherwise. It gets too hot for beggars also to wander about,” says an officer with the Welfare Department, which conducts regular raids on condition of anonymity.

A summary trial is conducted and the convicts are sent to certified institutions to serve a sentence of one to three years. These institutions provide vocational training for inmates, but almost none of them would have the means of turning the training obtained into businesses. Officials say that approximately 200-300 offenders are picked up in a raid from targeted areas like subway alleys, markets and places of worship.

Veer Kishore Das (32) bows before the judge, identifies himself as an ascetic and says he only lives on alms offered to him.

“My father did the same and now I know only this means of sustenance. This is not begging but God’s way of feeding us,” he says.

Dilemma



Without commenting on a matter that is sub judice (a petition challenging the constitutional validity of the statute is pending before the Apex Court), Judge Sanatan Prasad shares his dilemma: “Being born and brought up in Benaras, a place where feeding the poor and hungry is a sacred duty one has to perform, I think many times before convicting monks under the Begging Act.”

The Delhi Government has appointed a committee to review the Begging Act, which is reminiscent of a Dickensian society.

The government, those dealing with the issue insist, should no longer look at this as a perfunctory function and such a law should fall in line with the constitutional aspirations of the nation.