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Beggary Laws in India: A Constitutional Analysis

Despite of India's rapid economic growth, begging as a social problem has existed in our society since inception of human civilization and still persists even after our Government intended to abolish it by taking lot of measures and bringing in legislations.

We do not have any central law in our whole country but the states have brought in their own anti begging laws. Beggary laws continue to exist in Indian jurisprudence regardless of any evidence on abuse and without any presumption of criminal act among the already vulnerable section of the society. It is a matter of concern that unreasonable prohibition on begging by anti-begging laws in India deprives the beggars who beg as their last resort for their survival, and violate their fundamental rights.

Beggary has thus become a very serious matter to take note of. In spite of so much effort, India has not been able to eliminate this social problem. So, the research in a way dealt with the current laws on beggary in India and whether they are criminalising beggary and whether the punitive approach is right or not, and if not, then what approach should be taken resort to and the measures suitable for the effective implementation.

Introduction
Beggary can be considered as one amongst the most serious social issues in India and need urgent attention. Despite of our country's rapid growth of economy, we are still a poverty driven country, leading to the increase in beggars of the country. Begging is very common, it’s a usual sight in India and we can see many such people on the tourist areas, the railway stations, the metro stations, and mostly the in religious places and in such areas, where we find a regular crowd.

But, other than looking into the deep rooted problems of inequality, illiteracy, unemployment, poverty, skewed distribution of resources, our government with its strong arm of police, started finding the fault of the poor indigent people. Infect Prohibiting child beggary and criminalising forced beggary seem logical but penalising beggary with very heavy punishment does not. Begging is a social problem which has become a cause of serious concern.

They can find no way out but to live on alms of others at the expanse of their dignity. It is not only the nuisance of the begging that is becoming a matter of concern rather imposes negative social, psychological, health, economic, and environmental outcomes that come about as a result of the phenomena. These children who get involved in begging, belong to very poor families, who sleep in streets or accompany the adults in beggars’ colonies. The children are vulnerable and are prone to high risk or accidents in the traffic areas while begging, abused constantly from the general public, and get sometimes involved in criminal acts, like pick pocketing, steeling, homosexuality, drug abuse/peddling, prostitution and many other such acts existing in our society.

Street begging in our country also have a negative effect on our National Development. The menace of this street begging is a threat to the societal organisation in obvious with eroding the self-reliance idea of our nation. Therefore, the categories of beggars where some comes in wheel chairs, others take the help of crutches or walking sticks. Innovations are also there in which some play music drawing attention. Some are mentally challenged, while some do it rather aggressively. Those days are gone where begging was considered to be a practice, done by those only in need or incapable of earning for themselves.

The new trend has come up where young and people who are energetic rather than working to cater for their needs, now look at begging as one of most convenient and surest way of getting money. The physically challenged are the other category of people for whom begging is a means of surviving who are result of our societal neglect has no other option but to depend on others for daily bread.

Therefore, we should have law to rescue and rehabilitate them, rather than punishing because they have become helpless and for a moral and respected living begging is the last resort for them. The Post-Colonial Indian Government did not try to rectify this faulty system by way of repealing the anti-poverty laws. The government must rather help them with food, shelter and other basic needs of life.[1]

Poverty is real in our country, but many a times begging is not. Begging has become a big racket in India. Begging is practised as a profession for many.

Therefore, the issue needs to be addressed and there is no way that the underlying social problem can be addressed on an individual basis. Beggars denote inequality symbol and this human rights issue need to be addressed on an immediate note. As citizens of the country, it is our moral responsibility to stop this menace and a lot of money is spend by our government for eradicating poverty, but without any proper strategic implementation. It is a need of having a practical, intervention strategy to be implemented for the whole country to for fighting with this social issue.

Basis of Beggary Laws

The research is mainly on the Bombay Prevention of Begging Act, 1959 because this legislation acts as the sole derivative for the laws on beggary that each state has. Most of the states have either adopted or modelled their laws on the Bombay Prevention of Begging Act, 1959. The limitation of the study would also be on the question of the constitutional validity of the anti-beggary law with regard to Article 19 (1) (a), (g), and 21 of the Constitution only. In future there may arise other social and political problems, which have not been perceived yet.

Beggary being a rising problem with socio legal dimensions existing almost everywhere in the world. Each country with its own sector of the begging population[2] and these days beggars are a very common sight in India.[3] This phenomenon cannot be said to be a simple condition regarding their deprivation or their expulsion or exclusion[4], but also regarded as denial to their citizenship, their right of living in a dignified manner and their right to work[5].This issue of begging cannot be ignored simply, it is a rising socio legal issue and therefore there is necessity for a detailed study of this subject.

The problem of begging is a very ancient and a universal phenomenon. Though, the problems related to begging is an issue which is extending throughout the world but this is more rampant in the third-world countries.[6] The main difference which exists in between the system of begging in our country and the western countries is the manner in which the people beg. In western countries the beggars ask for money by performing some skills but in India the beggars try to collect money out of sympathy and very few actually perform skills and ask for money. It is difficult to trace as to where and when begging first started. However, it can be said that the phenomenon of begging has come up with its association with private property.[7]

Historical Development

Colonialism noted vital importance and the need for the beggars for labour production and the colonial laws provided punishment for begging. Many Europeans becoming unemployed were compelled of coming to streets. The term 'Vagrant', at that time was exclusively kept for the Europeans. The three presidency towns of Madras, Calcutta and Bombay with huge number of the European population were the most affected.

Henry Maine, the great jurist of the historical school drafted the first Vagrancy Bill in January 1869, where he said that vagrancy needed to be reduced since it was a grave political danger on entire British race. Act was passed from the bill which was against European Vagrancy.

The European Vagrancy Act, 1824: This was the very first step that was taken against begging in our country in those times dealing specifically with the European vagrants. Section 23 of the Act said that where any person who is of European extraction who is seen asking for alms even after having enough means to survive on his own, or when one asks for such by giving threat or in an insolent manner and continues asking for the alms then he should be punished no matter of the fact that he does or does not belong to European British Subject, to be convicted before a Magistrate, and imprisoned with not exceeding a month for offenders of first time, two months in case of second and three months in case of subsequent offences.

The Bombay City Police Act of 1861: This piece of legislation under section 121, penalised not just importunate begging, rather all forms of this practice of begging, and penalised not just those who beg but also included the people who involve in directing the act of begging or employing children and make them beg.

The Bombay Prevention of Begging Act, 1959: 'The Bombay Beggars Act' which was enacted in the year 1945. The present Bombay Prevention of Begging Act, 1959 replaced the old Act and its main intention was to change the attitude of the person begging and to bring in better adjustment to his life, where he could learn some skills and stand on his own feet and earn for his own livelihood where he do not have to depend on others for his survival but the major pitfall of the legislation is in its definition clause and it penalising nature and no provisions have been made under this act for the after care of the beggars who are released

Section 125, Code of Criminal Procedure, 1973: The main intention in bringing the section was for the protection of wives, the parents and the vulnerable children from taking up begging for their survival when they do not have the sufficient means for maintaining themselves.[8] section 363A. As per this section, begging, abusing of the children for beggary is recognised as a culpable crime.[9]

Kidnapping and engaging children is thus a social evil. Therefore, the said provision has been inserted with the intention to punish those who engage, use and exploit children for begging. Thus, the section makes kidnapping or obtaining the custody of a minor, and the maiming (crippling) of a minor to employ him for begging, a specific offence, severely punished with 10 years of either rigorous or simple imprisonment or life imprisonment along with fine. Maiming is thus a very heinous offence in which the offender cuts or disables a man's hand or any other body part, sometimes striking out of the eyes, cutting fingers, in other words depriving a person of any of these parts which cripples the person.[10]

In between them there are many acts which prevented begging in our country such as, The Madras City Police Act (1888), The Bombay City Police Act (1861), Calcutta Suburban Police Act(1866), Leper Act (1898), The Punjab Municipal Act (1911), The Uttar Pradesh Municipalities Act (1916), The C. P. and Berar Municipalities Act (1922), Bengal Vagrancy Act (1943), etc which talked about beggary prevention by means of punishments or ailments provided to them.

Constitutional Aspect
Constitution has some provisions carved out for this as it provides to all its citizens right of earning a decent livelihood, right to protect socio-economic rights. A person's right is his claim which is a fundamental part of human rights, ensuring freedom, dignity of every person. Rights are important for a person's dignity and poverty is a very critical condition in our society which touches the issue of human rights[11].

The UNO evolved for promoting and protecting the human rights at international level. In a same way, constitution of all these countries attempts of protecting the human rights of citizens and non-citizens in the national level[12]. Our country being a social welfare state with the Constitution of India guarantees to all its citizens, the right to life and personal liberty which includes all the aspects of life for making a person's life worth living[13].

Article 21 has been broadly interpreted by our Supreme Court, where it held that the right to life gives the meaning that the right to live with human dignity, which is to be from exploitative condition[14]. The Supreme Court also made it clear in another case that the expression right to life under Article 21 includes the Right to livelihood[15]. It has been ensured under Article 23 that right to life to be free from exploitation. This article is incorporated to stop beggary and various other forms of human trafficking. Article 23 (1) to be read along with article 39 (e) and (f) of the Constitution of India which provides for the Directive Principles of State Policy and makes it a mandate for the state for protecting persons from exploitation and also against material abandonment[16].

Thus, the Anti Beggary Laws can be called as the blatant invasion on the right to freedom of expression as provided under Article 19 (1) (a)[17] of the Constitution and also infringes the right to life and liberty of the begging population as guaranteed by Article 21 of the Constitution. Begging is therefore a constitutionally protected speech under 19 (1) (a) of the Constitution to be read with the freedom of life and personal liberty under Article 21.

Concept of Begging In Free Expression Clause

Under this part, the basic question is to be taken into consideration that whether begging is constitutionally protected expression because every citizen of our country has protection under Article 19 (1) (a) i.e. freedom of speech and expression. This freedom of expression under 19 (1) (a) is the ''mother of all liberties''[18] and it is regarded as the ''lifeline for any democratic institution''[19]. It has been held in a case that a democracy is unable to function when there is a coercive legal censorship[20], and also on the other hand the smooth functioning of the democracy depends clearly on the free flow of the speech. As stated by John Stuart Mill that ''silencing the speech or expression of a person's opinion is like robbing the human race''[21].

Article 19 (1) (a) gives the right to hold a view, to express it publicly[22] and this is also embraced by the Judiciary[23]The significance of the provision was detailed briefly in Manuka Gandhi v. Union of India[24]. J. Bhagwati who spoke for majority:

Democracy can be achieved in true sense only when people will have the freedom to freely debate and have open discussions. The most essential feature of a democratic set up where each and every citizen shall be free in participating in democratic process. He should freely exercise his right, shall be free to make choice in the public matters.

Under Article 19 (1) (a), the right isn't an absolute right as clause 2 provides that:  Nothing shall prevent the State from making any law, in so far as such law imposes reasonable restrictions, in the interests of the sovereignty and integrity of India, the security of State, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Indian Supreme Court interpreted Article 19 (1) (a) and its application was expanded to other areas of non-political speech and conduct and commercial speech got judicial recognition[25]. Further there was possibility that these specific rights are covered by the provision,[26] as the fundamental rights are not rigid, they are the  empty vessels where every generation pours their content based on their experience .[27]

For keeping our Constitution  young, energetic and alive ,[28] courts should adhere to interpreting and  expanding the reach and the ambit of the our fundamental rights provided in the Constitution .[29] Keeping this in mind, the question arises as to whether begging comes within definition of expression as evolved and interpreted by the judiciary.

The wide connotation of 'expression' in Article 19 (1) (a) generally includes and not just restricted to express of opinions or beliefs by word or by writing, printing, through pictures or any other mode. [30] The term 'expression' can be considered as an attempt for conveying a meaning which can be the combination of content as well as form[31]. 'Speech need not always be vocal, as said by Justice Ayyangar,  those signs which are made by dumb persons are also considered to be form of speech . Hence, the right to acquire and circulate information comes under the freedom of expression.

It is sometimes and most usually argued that begging is commercial transaction, not being an expressive activity, and should therefore should not get protection under expression rights[32]. However, this is difficult to accept because it is necessary in commercial transaction that goods or services or something of value is exchanged for some type of remuneration. But in begging there is no exchange as such and it is one sided where the beggar asking for alms to people and receiving it. It is also argued that expression made by the beggars lack any political ideology and there is narrow participation by them in democratic functioning.

Thus, they are not considered to be people who are making conscious contribution in free market of ideas. Begging reflects the deep rooted social and political issues with regard to poverty and homelessness [33].  This gives message on failure on government housing, lack of facilities for employment, followed by disastrous effects on some sections of the people in the society. Thus, a beggar claims and request for some help, expressly demanding and requesting for money. In begging a person displays his miserable plight with the help of words or actions, which involves some communicative activity. They solicit alms by expressing their condition and as it is a communication by words or actions is worthy of protection of Article 19 (1) (a).

Contemporary Law And Policy

The United Nations Human Rights Council[34] Draft Guiding Principles on Extreme Poverty and Human Rights recognizes ''extreme poverty and exclusion from society'' as violations of human dignity and establishes that decriminalisation against those suffering under these conditions ''must be punished as a violation of human rights[35].''

Acknowledging this in its April 2009 report on the “Need for Ameliorating the lot of the Have-nots Supreme Court’s Judgements,” the Law Commission of India[36] notes:

 The poor are not poor simply because they are less human or because they are physiologically or mentally inferior to others whose conditions are better off. On the contrary, thus poverty is most of the times either a direct or an indirect result of failure of society and state of establishing fairness and equity as the basis of its social and economic relation[37].

Similarly, as the other categories of the deprived population, beggars and the vagrants are also entitled to the traditional way of human rights as provided under the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,

But in practical sense, Articles 9, 10 and 11of the Universal Declaration of Human Rights[38], regarding right against arbitrary arrest, denial of proper and effective hearing and presumption of innocence, have more significance on the beggars and the vagrants who rights in these aspects are grossly violated.[39] In addition to these, there are other rights like, the right to social security under Article 22, the right to work and employment as provided under Article 23, and the right to the standards of living as per Article 25 of UDHR and other similar rights given by International Covenant of Economic, Social and Cultural Rights[40] are also significantly important for the beggars/vagrants.

Thus presently, the begging population is entitled to two set of human rights: one which aim to make the existing formal processes more operative considering their interests and the other is which aim in improving the economic and social status of weaker sections of society.

The significance of human dignity which is the cornerstone of international human rights law is confirmed by international conventions like the International Covenant on Civil and Political Rights (ICCPR) 1966; International Covenant on Economic, Social and cultural Rights (ICESCR) 1966; Convention on the Elimination of Discrimination against Women (CEDAW) 1979; Convention on the Rights of the Child (CRC) 1989. India has been a party and have signed and ratified all of these conventions.

Why Should Beggary Be Decriminalized?

The BPBA only acts as a rescue in case of the state's failure in providing the social security to the deprived. It is the state's failure in providing the right to life to the homeless and thus it cannot penalise the poor for their conditions. Begging is such an activity which do not harm anyone or causes no physical harm to the society as such, therefore, detention sometimes as long as ten year is very stringent. This term can be compared to some of the provisions of the IPC, which runs for imprisonment to ten years for many heinous crimes like rape, attempt to murder, culpable homicide not amounting to murder, etc.

Secondly, it is a prerogative of the state to provide and protect the rights of the homeless people as given under the Directive Principles of the State Policy, which are the guidelines framed by the Constitution makers, to be adhered to while framing laws and policies. Poverty is also recognised as a human rights issue by the Amnesty International. Every individual has the right of living with dignity. This means that everyone should have their right to shelter, food, clothing, water, sanitation, basic education and healthcare.

Thirdly, it can be argued that as far as when any activity which involves giving or taking of money or food or any exchange as such which is voluntary, it cannot be called a crime by the state. Thus, there is a need in seeing begging as an issue of unemployment, lack of resources and education and homelessness rather than considering it simply as a traffic hazard.

Hence, the laws on beggary and vagrancy and its penalising nature need to be changed by either abolishing the laws which criminalise poverty or by reforming it in such a way that it ceases criminalising. Any form of social parasitism should be managed in all every society, but for dealing with it, criminalisation may not always be the most effective way of reducing any menace or to deal with the troublesome section of the population.

The state must adhere to non-punitive techniques which are usually more effective which can be less de humanizing and which can deal the issue from its root. Therefore, decriminalisation of this is advocated not just for its effectiveness to deal with the present problem, rather to restore some full human status to this humiliated group of people. Only when the stigma of criminality or 'offenders' removed, they would be in a position to look into and claim some of their basic human rights which are the common heritage of mankind.[41]

Conclusion
In view of the existing lacunae on the legislation on anti-beggary, it is need of time to bring in fresh legislations addressing the issue with either repealing some of the provisions of the existing law or to modify them for bringing in a completely rehabilitative approach and for changing the definitions provided in the Act which seem to be very vague with regard to the terms like 'wandering in public' or 'no visible means of subsistence' and removing from its ambit those persons who perform and show their skills to earn money which can in no way be termed as 'begging' and other lacunae as mentioned earlier.

With regard to the rectification of the existing lacunae on the punitive aspect of the legislation, the Ministry of Social Welfare drafted a Model Legislation for the Person in Destitution on the basis of recommendations that emerged from the National Consultation meetings held with State Representatives, Experts in the field of beggary etc, but the bill was later abandoned by the centre and therefore, we lack a central law currently on this and whatever exists is the faulty legislations on anti-beggary which are not able to address the issue from its root cause and instead only criminalise them, detain them in institutions, thereby just removing them from the face of the city and just temporarily solving the issue, with no long term rehabilitation provided, thereby such people end up doing the same after coming out of the institutions/rehabilitation centres.

To conclude, it can be said that the population of the beggars in our streets is growing at an alarming rate. Now their presence in the streets of the urban areas, towns and big cities in the country is considered as a serious problem which need urgent redress. The rise in the begging population in the recent years, their lifestyle, the display of their overtly aggressive behaviour has made them the subject of hostility and suspicion by the public at large.

This street begging potentially threats the economy, the environment and the social survival of humanity in a decent way. Therefore, it is the duty of all of us as citizens of the nations to not give alms to the beggars, rather helping the government in eradicating this menace. Though this hinders the smooth economic development of the country but they do not cause any harm to the society as such so there is a need of time for the legislature to shift the approach from a punitive to a purely rehabilitative one through repealing the existing laws or by modifying them or through bringing in fresh legislations.

It is the government's responsibility to work for their rehabilitation and for their integration into the social and political fabric of our country and to make the people aware so that we can not only remove them from the face of the city just to solve the purpose of the anti-beggary legislations but to actually address the issue and preventing the people from taking up begging as their last resort for their survival.

Bibliography
Statutes

  1. The Constitution of India
  2. The Bombay Prevention of Begging Act, 1959
  3. The Indian Penal Code, 1860
  4. The Code of Criminal Procedure, 1973


Journals

  1. MUKHERJEE D., 'laws for beggars, justice for whom: a critical review of the bombay prevention of begging act 1959'. International Journal of Human Rights, 12(2), 279-288(2008).
  2. Rattan Singh, 'Changing concept of Human Rights: An Approach towards Globalization', Amritsar Law (2000) Journal, Vol.IX, 121.
  3. Pande, B.B., 'The Administration of Beggary Prevention Laws in India- a legal aid viewpoint', International Journal of the Sociology of Law (1983), Vol. II, No. 3, 291-304. The above article documents the experience of the Delhi University Student Legal Services Clinic's Beggars Court Legal Services Programme during 1976-79.
  4. Office of the High Commissioner for Human Rights, A Technical Review: Draft Guiding Principles on Extreme Poverty and Human Rights – The Rights of the Poor.
  5. H. Hershcoff & A. S. Cohen, 'Begging to Differ: The First Amendment and the Right to Beg', 104 Harvard Law Review 896.
  6. John Stuart Mill, On Liberty (Illinois: Crofts Classics), Chapter 2, ed. Alburey Castell, 1947 as cited in Arthur Schafer, The Expressive Liberty of Beggars, Canadian Centre for Policy Alternatives, (2007).
  7. Dr. Sumita Sarkar, 'Beggary in Urban India Reflections on Destitution and Exploitation', (October 2007), THE INDIAN JOURNAL OF SOCIAL WORK, Vol 68, Issue 4


Articles

  1. Chitra Vaisakhas, 'Problem of Beggary in India' 34 SD 48 (1994).
  2. Sumita Sarkar, 'Beggary in Urban India: Conflict and Challenges of Human Development', 57 SA 49 (2007).
  3. Dr. Menka and Tarique Hassan, 'Begging is a Curse on Society: An Empirical Study', 2 IJARMSS 45 (2013).
  4. Government of India Law Commission of India, Report No. 223:' Need for Ameliorating the lot of the Havenots', Supreme Court’s Judgments (2009).
  5. D. J. De, 'Interpretation and Enforcement of Fundamental Rights', (2000) 432.
  6. Ashish Goel, 'Indian anti-beggary laws and their constitutionality through the prism of fundamental rights with with special reference to Ram Lakhan V. State', (2010) Asia Pacific Journal on Human Rights and the Law, 11(1), 23-38.


Books

  1. Jogan Shankar (ed.), 'Social Problem and Welfare in India', 291 (Ashish Publishing House, New Delhi, 1992).
  2. Charles Richmond Henderson, Modern Methods of Charity 5 (Macmillan, London, 1904).
  3. K.D. Gaur, 'The Indian Penal Code' 624 (Universal Law Publishing Co. Pvt. Ltd., New Delhi, 4th edn, 2012).
  4. Dr Sunil Deshta, 'Human Rights in India',( 2004), Allahabad Law Agency, 1.

End-Notes:
[1] MUKHERJEE D., 'laws for beggars, justice for whom: a critical review of the bombay prevention of begging act 1959'. International Journal of Human Rights, 12(2), 279-288(2008).
[2]Jogan Shankar (ed.), 'Social Problem and Welfare in India', 291 (Ashish Publishing House, New Delhi, 1992).
[3] Chitra Vaisakhas, 'Problem of Beggary in India' 34 SD 48 (1994).
[4] Under certain conditions (e.g., state planned, development-induced displacement of or state backed, corporate displacement fail to compensate or rehabilitate evicted people) the law and the institutions of development may actively cause extreme situations of destitution and result in beggary in practice.
[5] Sumita Sarkar, 'Beggary in Urban India: Conflict and Challenges of Human Development', 57 SA 49 (2007).
[6] Dr. Menka and Tarique Hassan, 'Begging is a Curse on Society: An Empirical Study', 2 IJARMSS (2013).
[7] Charles Richmond Henderson, Modern Methods of Charity 5 (Macmillan, London, 1904).
[8] The Code of Criminal Procedure 1973, s 125.
[9] The Indian Penal Code 1860, s 363A - 'Kidnapping or maiming a minor for purposes of begging'.
[10] K.D. Gaur, 'The Indian Penal Code' 624 (Universal Law Publishing Co. Pvt. Ltd., New Delhi, 4th edn, 2012)
[11] Dr Sunil Deshta, 'Human Rights in India’, (2004), Allahabad Law Agency, 1.
[12] Rattan Singh, 'Changing concept of Human Rights: An Approach towards Globalization', Amritsar Law (2000) Journal, Vol.IX, 121.
[13] Maneka Gandhi Vs Union of India, AIR [1978] SC (597).
[14] Bandhua Mukti Morcha Vs Union of India, AIR [1984] SC (802).
[15] Olga Tellis vs Bombay Municipal Corporation, AIR [1986] SC (180).
[16] Narendra Kumar, Constitutional Law of India, (Allahabad Law Agency, 2015) 407.
[17] Usha Ramanathan, ‘Ostensible Poverty, Beggary and the Law’, Economic and Political Weekly 33 (2008) 35.
[18] 'Report of the Second Press Comm.', Vol. 1, 34-35, as cited in M.P.Jain, Indian Constitutional Law, 986 (2008).
[19] Kameshwar Prasad v. State of Bihar, A.I.R. [1962] SC 1166
[20] Ibid.
[21] John Stuart Mill, On Liberty (Illinois: Crofts Classics), Chapter 2, ed. Alburey Castell, 1947 as cited in Arthur Schafer, The Expressive Liberty of Beggars, Canadian Centre for Policy Alternatives, (2007).
[22] Nirmalendu Bikash Rakshit, 'Mutilated Liberty and the Constitution', (2003), Economic and Political Weekly, 1548.
[23] L.IC v. Professor Munabhai D. Shah, (1992) 3 S.C.C. 637 ( everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek and receive and
impart information and ideas through any media and regardless of frontiers ); Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal and others, (1995) 2 S.C.C. 161 ( freedom of speech and expression is necessary, for self-expression which is an important means of free conscience and self-fulfilment ); Tata Press Ltd v. MTNL and others, (1995) 5 S.C.C. 139 ( in a democracy free flow of commercial information is indispensable. There cannot be honest and economical marketing by the public at large without being educated by the information disseminated through advertisements. The economic system in a democracy would be handicapped without there being freedom of  commercial speech )
[24] [1978] 1 S.C.C. 248.
[25] Tata Press Ltd. v. MTNL and others, [1995] 5 S.C.C. 139; Dabur India Ltd. v. M/S Colortek Meghalaya Pvt. Ltd, FAO (OS) No. 625 of 2009.
[26] D. J. De, 'Interpretation and Enforcement of Fundamental Rights', (2000) 432.
[27] People 's Union for Civil Liberties and another v. Union of India and another, [2003] 4 S.C.C. 399.
[28] Ibid.
[29] Ibid.
[30] M. P. Singh, VN Shukla's Constitution of India (2008) 124-125.
[31] Irwin Toy Quebec (Attorney General), [1989] 1 S.C.R. 927.
[32] H. Hershcoff & A. S. Cohen, 'Begging to Differ: The First Amendment and the Right to Beg', 104 Harvard Law Review 896.
[33] Richard Moon, 'Begging and Freedom of Expression', Constitutional Forum, 11:2 (2000) at 45.
[34] Office of the High Commissioner for Human Rights, A Technical Review: Draft Guiding Principles on Extreme Poverty and Human Rights – The Rights of the Poor.
[35] Ibid.
[36] Government of India Law Commission of India, Report No. 223:' Need for Ameliorating the lot of the Havenots', Supreme Court’s Judgments (2009).
[37] Ibid.
[38] The Universal Declaration of Human Rights, Article 9: 'no one shall be subjected to arbitrary arrest, detention or exile'. The Universal Declaration of Human Rights, Article 10: ' Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him'. The Universal Declaration of Human Rights, Article 11: ' Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
[39] Pande, B.B., 'The Administration of Beggary Prevention Laws in India—a legal aid viewpoint', International Journal of the Sociology of Law (1983), Vol. II, No. 3, 291-304. The above article documents the experience of the Delhi University Student Legal Services Clinic's Beggars Court Legal Services Programme during 1976-79.
[40]Articles 6 (right to work), 7 (right to just and favourable conditions of work), 9 (right to social security), 11 (right to adequate of living), 12 (right to physical and mental health), 13 (right to education), (right to compulsory primary education)
[41] Pande, B.B., 'The Administration of Beggary Prevention Laws in India- a legal aid viewpoint', International Journal of the Sociology of Law (1983), Vol. II, No. 3, 291-304. The above article documents the experience of the Delhi University Student Legal Services Clinic's Beggars Court Legal Services Programme during 1976-79.

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