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Between Survival And Slavery: Legal Silences, Socio-Economic Marginalization, And The Exploitation Of Beggars In India




Mr. Ashish Jadhav, Academician

Ms. Raksha Sharma, Student, MATS University Raipur


ABSTRACT


Begging in India continues to be an intricate socio-legal problem that is deeply rooted in structural poverty, displacement, disability, and exploitation. As much as there are various legislations that aim to control or eliminate begging, a significant part of beggars is trapped not only in poverty but also within organized criminal organizations referred to as beggar mafias. These mafias systematically exploit the vulnerable, usually through coercion, trafficking, and violence, underlining the deep inadequacy of merely criminalizing them. This paper critically analyzes the legislative regime regulating begging in India, with its implications, including the Bombay Prevention of Begging Act, 1959 and judicial interventions relevant to it that have challenged criminalization of begging. It delves into the tough realities encountered by beggars, law enforcement agency apathy or complicity, and systemic failures to address the cause. In addition, it examines the complex interface between beggar mafias and certain players in the police system, uncovering the overlapping boundaries of protection and exploitation. The State role, its constitutional obligations, and its frequently fractured and penalized responses are examined. Through a human rights-based framework, this paper makes the case for shifting the paradigm away from punitive measures towards holistic rehabilitation, anti- trafficking law enforcement, and social reintegration. From a multidisciplinary perspective, the research urges for strong legal reforms, robust institutional mechanisms, and active public engagement to uproot beggar mafias and reclaim dignity for one of India's most downtrodden groups.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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