<\/p>\n
Decent and Dignified Solution for Mentally Ill Women Beggars in India: A Constitutional Perspective<\/strong><\/p>\n <\/p>\n <\/p>\n Mentally ill women found begging on streets represent intersectional vulnerability – gender, poverty, disability and homelessness. Indian Constitution does not view begging as a crime to be punished, but as a failure of the welfare state. The solution, therefore, is not punitive but protective and rehabilitative, rooted in Article 21.<\/p>\n <\/p>\n <\/p>\n <\/p>\n – Article 21 – Right to Life with Dignity: In _Francis Coralie Mullin v. UT of Delhi (1981)_ SC held right to life includes right to live with human dignity. In _Sept 2025 judgment (Re: Conditions in Beggars’ Homes)_ SC declared beggars’ homes are *”constitutional trusts”*, not jails. The Court directed: “Even a person suffering from mental disability is still a human being and his dignity cannot be violated” and chaining is unconstitutional.<\/p>\n <\/p>\n – Article 14 – Equality Before Law: State cannot discriminate. Classification of beggars for detention without trial is arbitrary.<\/p>\n <\/p>\n – Article 15(3) – Special Provision for Women:<\/p>\n Enables affirmative action for this doubly vulnerable group.<\/p>\n <\/p>\n – Article 23 – Prohibition of Traffic and Beggar: Many women are trafficked into forced begging, which is prohibited and punishable.<\/p>\n <\/p>\n – Article 24 of Interpretation – Delhi HC in Harsh Mander v. Union of India, 2018: The Delhi High Court struck down provisions of Bombay Prevention of Begging Act, 1959 which criminalized begging, allowed arrest without warrant and detention for 3-10 years. The Court held: “The State simply cannot fail in its duty to provide a decent life to its citizens and then criminalize those very people for being poor” and begging violates dignity under Article 21.<\/p>\n <\/p>\n <\/p>\n – Article 39(e) & (f): State to ensure citizens are not forced by economic necessity to enter avocations unsuited to their age\/strength and children are protected from exploitation.<\/p>\n <\/p>\n – Article 41: Most important provision. State shall make effective provision for securing right to public assistance in cases of sickness, disablement and undeserved want. This creates a positive obligation.<\/p>\n <\/p>\n – Article 46: Promotion of educational and economic interests of weaker sections.<\/p>\n <\/p>\n <\/p>\n – Mental illness is listed as a specified disability (Sec 2(22) read with Schedule).<\/p>\n – Sec 3-7: Equality, non-discrimination, protection from abuse.<\/p>\n – Sec 25: Right to free healthcare and barrier-free access.<\/p>\n – Sec 29-30: Right to home and community living.<\/p>\n <\/p>\n – Sec 18: Right to mental healthcare from State.<\/p>\n – Sec 19: Right to community living, not segregation.<\/p>\n – Sec 20: Right to protection from cruel, inhuman, degrading treatment. Sec 95 prohibits chaining and unmodified ECT.<\/p>\n – Sec 21: Right to equality and non-discrimination.<\/p>\n <\/p>\n <\/p>\n SC guidelines require 5-tier model:<\/strong><\/p>\n <\/p>\n Step 1: Rescue, Not Arrest<\/p>\n No arrest by police under beggary laws. Rescue by a composite team: Executive Magistrate + Women Police + Psychiatrist + DLSA Panel Lawyer + NGO. As Bombay Begging Act’s arrest power is unconstitutional.<\/p>\n Step 2: Legal & Medical Safeguard Step 3: Short-term Protective Shelter (Not Beggars’ Home) Step 4: Long-term Rehabilitation Step 5: Special Safeguards for Women <\/strong><\/p>\n The decent and dignified solution mandated by the Constitution is clear: De-criminalize poverty, Medicalize mental disability, and Institutionalize care as a Right under Article 21 read with Article 41, not as charity.<\/p>\n <\/p>\n The State must convert “beggars’ homes” into “rehabilitation homes” functioning as constitutional trusts.<\/p>\n <\/strong><\/p>\n Article 21’s right to dignity is incomplete without Article 41’s right to public assistance. For mentally ill women beggars, Article 21 + 41 + RPwD Act, 2016 + MHCA, 2017 together create an enforceable right to rescue, treatment and community living.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Decent and Dignified Solution for Mentally Ill Women Beggars in India: A Constitutional Perspective Introduction Mentally ill women found begging on streets represent intersectional vulnerability – gender, poverty, disability and homelessness. Indian Constitution does not view begging<\/p>\n","protected":false},"author":1,"featured_media":902197,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4],"tags":[409,407,408],"class_list":["post-902196","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-public-health","tag-beggar-women","tag-constitutional-help","tag-vulnerable"],"acf":[],"_links":{"self":[{"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/posts\/902196","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/comments?post=902196"}],"version-history":[{"count":2,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/posts\/902196\/revisions"}],"predecessor-version":[{"id":902199,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/posts\/902196\/revisions\/902199"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/media\/902197"}],"wp:attachment":[{"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/media?parent=902196"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/categories?post=902196"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/iapsm.org\/blog\/wp-json\/wp\/v2\/tags?post=902196"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Introduction<\/h1>\n
\u00a0Constitutional Mandate<\/h2>\n
A. Fundamental Rights (Part III) – Enforceable by Court<\/h3>\n
B. Directive Principles (Part IV) – Duty of the State<\/h3>\n
\u00a0Statutory Framework for Dignified Solution*<\/h3>\n
\n
\n
The Constitutionally Compliant Model (From Punitive to Rehabilitative)<\/h3>\n
\nWithin 24 hours, produce before Magistrate. Appoint Nominated Representative under Sec 14 of MHCA, 2017. Medical assessment by Mental Health Review Board.<\/p>\n
\n– SMILE Scheme (Support for Marginalized Individuals for Livelihood and Enterprise), 2022 – Ministry of Social Justice: Central sector scheme for comprehensive rehabilitation of beggars. Two sub-schemes: SMILE for transgender and SMILE for beggars.
\n– Shakti Sadan (erstwhile Swadhar Greh): For destitute women.
\n– Shelter for Urban Homeless (SUH) under DAY-NULM: Night shelters with separate wing for women.
\n– One Stop Centre (Sakhi) & Women Helpline 181.<\/p>\n
\nTreatment under District Mental Health Programme (DMHP), issue of Disability Certificate, UDID card, enrollment under NSAP (Indira Gandhi National Disability Pension), Ayushman Bharat PM-JAY, ration under NFSA, PMAY for housing.<\/p>\n
\nFemale caretakers only, frequent rounds of female constables etc, privacy-respecting shelters, periodic medical examination for sexual abuse, some vocational training etc, \u00a0prohibition of sterilization as treatment for mental illness under MHCA, 2017.<\/p>\nConclusion<\/h3>\n
Academic Proposition:<\/h3>\n
\nBibliography \/ Cases for Citation<\/h3>\n
\n