Poverty is not an accident. Like Slavery and Apartheid, it is man-made
and can be removed by the actions of human beings. ~ NELSON MANDELA
CHILD BEGGING IN
INDIA – CAUSES, CURRENT SITUATION AND SUGGESTED REFORMS:
Children comprise 50% of the earth’s population currently. Extremely
vulnerable children can be seen begging on the streets and this is a glaring
reality in every corner of our country. Even Norway, which is considered as one
of the richest countries in the world is not free of this evil business. Every
country has laid down laws to tackle this issue but success has been minimal. Though
our Constitution expresses concern for upbringing children in safe, secure and
healthy manner through various provisions but on the ground, all of those are
still a long shot looking at the current state of affairs. There are not many
studies on child beggars in India, however, with the limited ones available,
let us explore the reasons and possible solutions for this in detail:
CAUSES OF CHILD
BEGGING:
1.
Abject Poverty leads adults of families into
begging and they also coerce their children into this business.
2.
Orphaned & abandoned children and the ones
who run away from their native places due to poverty or any other reasons.
3.
Refugees.
4.
Religious sanctions provided by Indian culture
& religion, where people believe feeding beggars outside religious places
or the ones carrying a God’s picture in a steel bowl with oil is an act of good
karma and wards off evil.
5.
Malnutrition.
6.
Juvenile Delinquency & Drug addiction.
7.
Manipulated and exploited by Adults.
8.
Organised Gangs/Begging mafia working who kidnap,
buy & sell children (Human Trafficking) and maim them for this purpose.
9.
Psychological & Physical coercion.
10.
Easy money with no labour.
11.
Cross generation begging since no education
prevails in many generations of beggars.
12.
No knowledge of their rights and rehabilitation
provisions and afraid of their gang-lords.
13.
Nexus between organised gangs and law enforcers.
14.
Failure of Govt. schools to retain children.
15.
Failure of Governance to implement policies for
such children effectively.
INTERNATIONAL, CONSTITUTIONAL & LEGAL
PROVISIONS (INDIA) FOR CHILDREN BEGGING:
1924: The League of
Nations adopted the Geneva Declaration of the Rights of the Child, which established
children’s rights as means for material, moral and spiritual development;
special help when hungry, sick, disabled or orphaned; first call on relief when
in distress; freedom from economic exploitation; and an upbringing that instills
a sense of social responsibility.
1948: The UN General Assembly passed the Universal
Declaration of Human Rights, which referred in article 25 to childhood as
“entitled to special care and assistance.” In 1959 the UN General Assembly
adopted the Declaration of the Rights of the Child, which recognized rights
such as freedom from discrimination and the right to a name and a nationality.
It also specifically enshrined children’s rights to education, health, care and
special protection. 1979 was declared as the International Year of the Child.
1989: The UN General Assembly unanimously approved the
Convention on the Rights of the Child, which entered into force the following
year.
1990: The World Summit for Children was held in New York.
The leaders signed the World Declaration on the Survival, Protection and
Development of Children as well as a Plan of Action for implementing the
Declaration, setting goals to be achieved by the year 2000.
1999: The Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour was
adopted.
2000: The UN Millennium Development Goals incorporate
specific targets related to children, including reducing sale of children,
child prostitution and child pornography.
2002: The UN General Assembly held a Special Session on
Children, meeting for the first time to specifically discuss children’s issues.
INDIAN
CONSTITUTION:
Article 15 (3) enables the state to make special provisions
for children.
Article 24 explicitly prohibits child labour and hazardous
employment of children.
Article 39(f) further directs the state in its policy
towards the well-being of the children.
Article 39 ( c ) provides that children of tender age should
not be subject to abuse and should be given opportunities to develop in a
healthy manner.
Article 45 makes provision for free and compulsory education
for children.
Article 47 states that it is the duty of the state to raise
the level of nutrition and standard of living and to improve public health. The
courts in India have stated that a child cannot be treated as an inanimate
object or like a property by the parents.
Exposure and abandonment of children by parents or others is
a crime under section 317 of IPC. Kidnapping is a crime under sections 360,
361, 384, 363, 363 A (kidnapping for begging), 366, 367, 369 of IPC.
There are certain crimes against children which are
punishable under special and local laws such as immoral traffic prevention act.
The child labour act banned child labour in hotels, restaurants and as domestic
servants. The Government of India passed the Children Act 1960 to introduce
uniformity and to establish separate child welfare boards to handle cases
relating to neglected children.
In 1974 the government adopted a National Policy for Children.
The Indian legislature has enacted several legislations to improve and protect
lives of children. The Juvenile Justice (Care and Protection of Children) Act
2000 and its amendment in 2006, and Right to Education Act 2009 are significant
in this regard.
Bombay Prevention of Begging Act in 1959 made begging a
crime, and extended to other States including Delhi.
CURRENT SITUATION
IN INDIA:
In India, by official statistics, roughly 60000 children
(the real number is estimated to be much higher) disappear every year and an
estimated 300000 child beggars in India. Even some people of the medical
fraternity are also involved with the mafia gangs to help maim the children for
a huge sum. In spite of a number of policies and laws set up for these purposes
of helping such children, the govt. has been a big failure in curbing this due
to lack of political will. Apart from
that, the unholy nexus between the begging gangs/mafia and the law enforcers is
a big impediment in removing this social evil. Also, there is no coordination
at all between the policy makers, bureaucrats and law enforcers as well as
civil society and the lack of public awareness in this matter has led to an
even more deteriorated situation than before.
REFORMS NEEDED:
· Compulsory
schooling for all children which has already been laid down in Law via the RTE
Act but the implementation and awareness needs to be spruced up in a major way
and also the corruption involved in it need to be checked by a stringent
body/mechanism in place.
·
Sympathetic teachers and child friendly environment in schools because govt.
& MCD schools lack these and that is the reason that the children dropout
or abandon studies completely for life. A routine report and regular
inspections/meetings need to be carried out for this purpose.
· No
alms drive to educate the public.
·
Adult guardians as well as those who criminally (mafia/gangs/traffickers)
coerce children in to this trade need to be caught upon information gathered,
and punished to make an example of to the others in this dirty business.
·
Strict and speedy sentences meted out to the criminals as a punishment for
kidnapping and maiming of children.
·
Welfare policies for child beggars and their families such as monetary help,
health and residence etc.
· Good
and more number of orphanage/ shelter homes for children without close
relatives and advertise this everywhere for awareness.
·
Railways should become more watchful as most of beggars are trafficked through
this route and one can see a huge amount of beggars on the railway stations.
· Help
to lower income/ poor including temporary emergency assistance and long term
skill development for stable income and occupation.
·
Increasing awareness of the general public of child helpline numbers and NGOs
and Govt. Homes and Laws to help such children.
·
Providing an incentive to parents along with counselling to send their wards to
schools.
· In
depth and a lot more studies and research into this issue to understand it in
totality and issues with current schemes & policies. Increased coordination
between the civil society, policy makers and implementers/law enforcers to
bring their experience and authority to the table and work out a detailed and
holistic plan to tackle this menace and eradicate it completely.
