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CHILD BEGGING IN INDIA: A COMPREHENSIVE EXAMINATION OF THE CONSTITUTIONAL RIGHTS OF MARGINALIZED CHILDREN
By: Rahul Joshi
ABSTRACT
This research paper delves into the often neglected issue of the constitutional rights of children who beg on the streets in India. These vulnerable minors, lacking a voice to articulate their plight, face profound deprivation. The paper begins by presenting statistical insights into the prevalence of child begging as a stark social reality in India. It proceeds to analyze potential root causes contributing to this phenomenon.A thorough examination follows, scrutinizing the constitutional framework governing children and exposing widespread violations and compromises stemming from their street-based existence. The paper critically assesses the legal obligations incumbent upon the state and evaluates governmental strategies in addressing this issue.Drawing from findings in committee reports and recommendations from non-governmental organizations, the paper proposes actionable pathways forward. It concludes by advocating for systemic recognition and proactive efforts aimed at eradicating this deeply entrenched social problem.
KEY WORDS
THE RESEARCH ARTICLE
Introduction
India’s population is a highly diverse and vivid amalgamation of people, often resulting in stark differences and inequalities. A notable demographic feature is its youth, making it one of the youngest countries globally. This demographic trend poses numerous socio-economic challenges, primarily due to insufficient resources and state capacity to meet the demands of such a large population. Consequently, a significant portion of the population is deprived of state resources, rendering them vulnerable to various socio-economic deprivations. Unfortunately, children are the most adversely affected group in this scenario. The government records state that there are 61,311 children (aged up to 19 years) who are involved and exploited in begging activities[1].Though the census data shows that, the number of children involved in begging activities has decreased considerably from 112,794 in 2001 to 45,296 in 2011[2], the numbers are still concerning.
Reasons behind the rampant phenomenon of ‘Child Begging’
Child begging is majorly a consequence of various socio-economic deformities existing in the society. Lack of economic resources, parental protection, shelter, food, employment and education compel children to seek alms on streets[3]. Diverse population entail diverse social problems. Similarly the problem of child begging in India is multidimensional in nature. Economic vulnerabilities is the most prominent reason compelling the children to dislocate from their residences and live an unsecure life[4]. Aberrant urbanisation brought its perils by displacing families and causing reverse migration. Children getting deprived of their parental custody and being subjected to economic vulnerabilities was an obvious consequence[5]. Moreover, prevailing family problems, parental death, strained parental relations, abandonment and alcoholism compel the children to seek refuge on streets[6]. Lack of adequate legal mechanism to deal with the problem is another major factor contributing to this reality.
Despite the Constitution’s guarantees of numerous general and specific rights for the young population, the pervasive occurrence of child begging significantly undermines the integrity of these rights. This section provides a brief analysis of the interaction between child begging and the resultant compromise of constitutional rights.
Violation Of The Right To Live With Dignity
As laid down in the case of Maneka Gandhi v. Union of India[7] and Sunil Batra v. Delhi[8] Administration that right to live is not merely a physical right but it also includes within its ambit right to live with human dignity. Children on streets, due to lack of adequate means of livelihood, are compelled to beg for food, money or any other meagre help from people on streets. This condition of seeking of alms for one’s survival is itself denial of respect and dignity a person beholds about oneself. Moreover, they are viewed with social stigma and as a societal liability. They are at times evicted from street sides, denied entry in many social spaces.
Violation Of The Right To Live With Security
Children begging on streets are deprived of any parental surveillance. Due to which, they become more vulnerable to many such social anomalies which tend to engulf them in their ambit. Many children seek assistance of local factories and shops which engage them in minor works, thus providing them meagre earnings. Many children are abducted from public places and used as labourers and are even engaged in prostitution[9]. Many children are trafficked for the purpose of organ smugglings. Many children are taken as labourers and are engaged in hazardous activities. Such children are further open to all kinds of social evils of sexual and physical abuse, threats, assaults, etc[10].
Denial Of Right to Opportunity
Children begging on streets often come from socially disadvantaged backgrounds, facing economic and educational deprivation that keeps them marginalized. Lacking family support, finances, and access to state initiatives, they remain trapped in a cycle of poverty. State opportunities, without affirmative action, fail to provide complete relief to these needy children. In Brown v. Board of Education Earl Warren, C.J., speaking for the U.S. Supreme Court emphasized the right to education in the following words: “Today, education is perhaps the most important function of State and local governments. In these days, it is doubtful any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.”[11] In Unni Krishnan, J.P and others v. State of Andhra Pradesh and others (1993) referred to Wisconsin v. Yoder which stated that “the court recognized that “Providing public schools ranks at the very apex of the function of a State.”[12]
Denial of Right to Shelter
The Universal Declaration of Human Rights, the Convention, and the Indian Constitution underscore that the exercise of all civil, political, social, and cultural rights hinges upon these core human rights. Shelter, beyond safeguarding one’s physical well-being, embodies a nurturing habitat that fosters physical, mental, intellectual, and spiritual growth. When contextualized as an essential component of the right to life, the right to shelter becomes a fundamental right, obligating the state, in line with Directive Principles, to secure it for its citizens, subject to economic considerations.In State of Karnataka v. Narasimhamurthy, Court held that “right to shelter is a fundamental right to shelter is a fundamental right under Article 19(1) of the Constitution.[13] To make the right meaningful to the poor, the State has to provide facilities and opportunity to build houses.”
Article 23 of the Constitution prohibits human trafficking and forced labour, while Article 24 specifically addresses child labour, providing for the punishment of offenders. The reality however is more concerning with respect to children deprived from protective custody. India, stands as epicentre of child trafficking[14] which includes trafficking of children from neighbouring countries[15] which is sometimes backed by socio-economic necessities[16]. Moreover, children, as victims, lack effective remedies due to their inability to lodge complaints and engage in legal proceedings, resulting in ongoing exploitation. Without intervention, rescue, and rehabilitation, children remain in these conditions. The absence of protective and preventive mechanisms leaves them vulnerable to repeated exploitation. Effective protection against exploitation requires not only criminalizing such acts but also implementing affirmative actions to prevent and protect vulnerable groups, ensuring their removal from exploitative environments..
Susceptible To Juvenile Delinquency And Other Social Evils
Children, without parental guidance, care, education and appropriate surveillance, are most susceptible for juvenile delinquency. Many a times, such children are also compelled to engage in such activities at a young age. Moreover, delinquent environment and surroundings increases the likelihood of children inclining in such activities[17]. The statistics regarding rising juvenile criminals are indeed alarming in nature. Here, like begging, prostitution and forced labour, many children are forced to engage in such illegal activities, either by coercion, threat or helpless conditions[18], further making them vulnerable to severe bodily ailments and diseases[19]further affecting their right to health and well-being. Hence prevention of suchchildren from such delinquent influences is the direct obligation casted upon the state. Mere juvenile justice act and post-trial rehabilitation is ineffective, rather a half-way effort.
The Hon’ble Court has through its judgment in the case of Society for Unaided Private Schools of Rajasthan Vs. Union of India, held that, “A child who is denied rights to access education is not only deprived of his right to live,but he is also deprived of his right to freedom of speech and expression enshrined underArt. 19(1)(a).”[20]The Court further held that, Right of Children to Free and Compulsory Education Act, 2009 seeks to remove all these barriers including financial and psychological barriers which a child belonging to a special category has to face while seeking admission. In the case of Ashok Kumar Thakur Vs. Union of India (2008), that if the Child is not aware of his rights, his duties, his obligations, then the entire functioning of Fundamental rights becomes infructuous.[21]In Bandhua Mukti Morcha this Court held that the right to life guaranteed by Article 21 does take in “educational facilities”.[22]
Moreover ,t is well within the ambit of Article 21 A of the Constitution to lay the constitutional duty on the state to provide all children found begging on the streets into primary schools. It is not only important for the state to put them to primary schools but is also important that the State provides them with reasons to stay at the school and complete education at the minimum till the age of 14 years. The Right to Education Act, 2009 lays down the ways in which the State has to ensure attendance of children in schools. In the landmark judgment of the Supreme Court of India in Ashok Thakur Vs. Union of India [23] the principle reiterated was that, Art. 21 A is the most important fundamental right and stands above other rights, “as one’s ability to enforce one’s fundamental rights flows from one’s education.” Hence the Supreme Courtalso dignified its concerns towards implementation and pointed out need of judicial intervention.[24]
In the case Avinash Mehrotra v. Union of India [25] the right of every child to receive education free from fear of security and safety so that children have a right to receive education in sound and safe building was reiterated.However, since the act aims at ensuring that the right of education is recognized, it neither casts legally recognized obligations on the state nor on the parents of the children. Moreover, children living on streets suffer from advanced depravations, due to lack of parental authority to ensure their admission in the schools. Hence, the aspects of education continue to remain a distant expectation who are already suffering from survival. The legislative framework lacks in ensuring special provisions of children who cannot be accounted for due to their vulnerable nature. Absence of basic life necessary resources and engagement in the acts of earning at an early age deprive them of such government facilities.
Constitutional Framework Casts Obligations On The State
The constitution under part four has multiple directives imposing various obligations on the state. The state is under the duty to direct its policy towards prevention of abuse of health and strength of children, especially due to economic vulnerabilities. “Education remains essential to the life of the individual, as much as health and dignity and the State must provide it, comprehensively and completely, in order to satisfy its highest duty to citizens.”[26]It must be the duty of the state ensure that children are not compelled to undertake avocations unsuited for their age.[27] It is also the duty of the state to ensure adequate availability of opportunities, facilities and healthy conditions for their growth, further ensuring freedom, dignity and protection from exploitation and moral or material abandonment.[28] The state is under the obligation to make effective provisions and policies for ensuring proper education, employment and assistance to people who are unemployed, sick, disabled or other undeserved want.[29] It is also an obligation on state to ensure early child care and protection till the age of six attained by the child. It is also the duty to of the state to ensure educational provisions for such young children.[30]
Way Forward
According to recent assessments, as per the 2011 Census, approximately one crore children aged 5-15 years are engaged in child labour in India. There is a need for regular surveys to estimate the number of child laborers and to hold principal employers accountable if contractors hire children. Strengthening the role of the Social Justice Ministry, improving economic conditions, and enhancing existing schemes such as providing free coaching for marginalized children and rehabilitating those with substance abuse issues are essential steps. It is also crucial for the Housing Ministry to ensure construction workers receive legal benefits and for the Labour and Home Affairs Ministries to oversee placement agencies to prevent child trafficking for domestic labour.
In the past five years, around two lakh child laborers have been rescued, but few FIRs have been registered, and few children have been presented before Child Welfare Committees as required by the Juvenile Justice Act, 2015. To address this, penalizing police officers for failing to register FIRs is recommended. Coordination between the Labour Ministry and DoSEL is necessary to continue training programs and increase their capacity. Increasing financial assistance for rescued children, expanding Anganwadis/shelters, and tackling high dropout rates among adolescents, especially tribal students, by providing free and compulsory education and hot meals are vital measures. Additionally, guidelines for the Supreme Court-mandated rehabilitation fund should be formulated, contributions should be adjusted for inflation, a district corpus fund should be created, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, should be amended to impose stricter penalties for violations.
Conclusion
Child begging is indeed an existing social reality which is a multidimensional problem. It leads to compromise with almost every fundamental right guaranteed by the constitution. The issue of child labour in India, affecting approximately one crore children aged 5-15 years, hence demands urgent intervention. Regular surveys, holding employers accountable, and enhancing the Social Justice Ministry’s role are essential. Improving economic conditions and schemes like free coaching and substance abuse rehabilitation are vital. Ensuring construction workers receive legal benefits and monitoring placement agencies can prevent child trafficking. Effective law enforcement, sustained training programs, addressing dropout rates through free education and hot meals, and updating guidelines for rehabilitation funds are crucial. Amending laws to impose stricter penalties will protect and rehabilitate vulnerable children.
[1] Shri A. Narayanaswamy, Minister of State for Social Justice & Empowerment, provided information in a written reply in the Rajya Sabha, stating that 61,311 children (aged up to 19 years) were engaged in begging activities, according to data from the Registrar General of India based on Census 2011. Press Information Bureau, Government of India, Release ID: 1814084 (Apr. 6, 2022, 3:36 PM), Visitor Counter: 942.
[2] Dr. Virendra Kumar, Minister for Social Justice and Empowerment, stated in a written reply in the Lok Sabha that the number of children engaged in begging activities decreased from 112,794 in 2001 to 45,296 in 2011. Press Information Bureau, Government of India, Release ID: 1778853 (Dec. 7, 2021, 4:01 PM), Visitor Counter: 2965.
[3] Sarah Thomas de Benítez, “State of the World’s Street Children,” Consortium for Street Children (2007), archived at https://www.streetchildren.org (last visited Feb. 20, 2012).
[4] Railway Children, “Beyond Survival: Status of Livelihood Programmes for Street Youth in India” (June 2008), available at https://www.railwaychildren.org.uk/media/1101/beyond-survival.pdf (last visited Feb. 20, 2012).
[5] Lewis Aptekar, “Street Children in the Developing World: A Review of Their Condition,” 28 Cross-Cultural Resources 195, 195-244 (1994).
[6] Francis A. Kombarakaran, “Street Children of Bombay: Their Stresses and Strategies of Coping,” 26 Children and Youth Services Review 853, 853-871 (2004), doi:10.1016/j.childyouth.2004.02.025.
[7] Maneka Gandhi Vs. Union of India, (1978) AIR 597.
[8] Sunil Batra Vs. Delhi Administration, (1980) 3 SCC 488.
[9] Office to Monitor and Combat Trafficking in Persons, U.S. Department of State, Trafficking in Persons Report (June 2023).
[10] Standing Committee on Labour, Textiles and Skill Development, “National Policy on Child Labour – An Assessment,” presented by Mr. Bhartruhari Mahtab, December 20, 2023.
[11]Brown v. Board of Education 98 L Ed 873.
[12]Unni Krishnan, J.P and others v. State of Andhra Pradesh and others (1993) 1 SCC 645; Wisconsin v. Yoder 32 L Ed 2d 15.
[13]State of Karnataka v. Narasimhamurthy (1995) 5 SCC 524: JT (1995) 6 SC 375 SCC(p) 526, para 7 : JT at p. 378, para 7.
[14] Masako Iijima, “S. Asia Urged to Unite Against Child Prostitution,” Reuters (June 19, 1998), states that India and Pakistan are the main destinations for children under 16 who are trafficked in South Asia.
[15] Indrani Sinha, Executive Director of SANLAAP, states in her paper on “Globalization and Human Rights” that in cross-border trafficking, India functions as a sending, receiving, and transit nation. India receives children from Bangladesh and Nepal and sends women and children to Middle Eastern nations on a daily basis.
[16] Soma Wadhwa, “For Sale: Childhood,” Outlook (1998), reports that India, along with Thailand and the Philippines, has 1.3 million children in its sex-trade centres. These children are trafficked from relatively poorer areas to relatively richer ones.
[17] Bhagyashri M. Patil, “Juvenile Delinquency in Slum of Solapur City,” Indian Streams Research Journal, DOI: 10.9780/22307850, ISSN No: 2230-7850.
[18] Sheela Remedios, Program Director of Project Child, as cited in Robert I. Freidman, “India’s Shame: Sexual Slavery and Political Corruption Are Leading to an AIDS Catastrophe,” The Nation, Apr. 8, 1996, reports that in Bombay, 95% of the children of prostituted women become prostitutes.
[19] CATW – Asia Pacific, “Trafficking in Women and Prostitution in the Asia Pacific,” reports that 60% of prostituted women in Bombay’s red-light district areas are infected with STDs and AIDS.
[20]Society for Unaided Private Schools of Rajasthan Vs. Union of India, (2012) 6 SCC 1.
[21]Ashok Kumar Thakur Vs. Union of India, (2008) 6 SCC 1.
[22]Bandhua Mukti Morcha Vs. Union of India, (2009) 9 SCC 322.
[23]Ashok Thakur Vs. Union of India (2008), 6 SCC 1.
[24] Id.
[25]Avinash Mehrotra v. Union of India, (2009) 6 SCC 398.
[26]Vol. 5, DD Basu Commentary on the Constitution of India, (9th Ed).
[27] Art. 39(e) of Constitution of India.
[28] Art. 39(f) of Constitution of India.
[29] Art. 41 of Constitution of India.
[30] Art. 45 of Constitution of India.
