Why do we need laws? Many would answer that laws are the rules that regulate conduct and behavior within a society. And many believe that a society without laws would be in a state of chaos. Humans are social animals, and without laws, they may only be animals.
What do laws do? The answer is: laws regulate relationships between people, prescribe patterns of behavior, and reflect the values of society. Society is a living organism, and therefore its laws are also living. The law is based on a given factual and social reality that is constantly changing. Sometimes changes in the law precede societal changes and are even intended to stimulate them. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to society’s changing needs.
Why do humans beg? The answer is that they beg when they do not have adequate economic resources to sustain their lives, either due to individual or social reasons. Begging may also occur when they want money or commodities from individuals who have the means to provide them, using certain discourse and behaviors. Some call begging a curse and some consider it as a last resort to survive. Some people view begging as a bad or undesirable thing, perhaps because it is seen as a sign of poverty or helplessness. Other people see it as a necessary option when all other means of survival have been exhausted, and may view begging with empathy or understanding. However, according to Asian Human Rights Commission (AHRC), five to twenty-five million beggars are found in Pakistan which is approximately 2.5 to 11 percent of the total population.
Statistics in Pakistan paint a bleak picture in terms of poverty, unemployment, and crime rates. The World Bank report predicts poverty to reach 37.2 percent and noted economist Hafiz A Pasha forecasts unemployment to rise by 2 to 8 million by 2022-23, bringing the unemployment rate to around 10 percent for the first time. According to the Asian Development Outlook, Pakistan’s GDP growth is expected to slow to 0.6% in FY2023 from 6% last year. Resultantly, this situation can lead to an increase in crime rates as individuals may turn to criminal activities to survive or acquire resources. Therefore, there is a need for a deeper understanding of the social and economic factors that contribute to begging, and a more compassionate and holistic approach to addressing the issue.
The issue at hand is not whether begging is a nuisance and should be eradicated from society, but rather whether begging could be considered a criminal offense, under the current socio-economic circumstances of our society?
The laws dealing with begging in India and Pakistan are quite similar. The Bombay Prevention of Begging Act, 1959, serves as a model law for most Indian states, while the West Pakistan (now Punjab) Vagrancy Ordinance, 1958, is the primary law in Pakistan. Under Indian law, “begging” and under Pakistani law, a “vagrancy” includes soliciting or receiving alms in public places, entering private premises to solicit or receive alms, exhibiting any injury, deformity, or disease with the intent of soliciting or receiving alms, having no visible means of subsistence and wandering in public places, or allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms. In both countries, if a person is found to have no visible means of subsistence and is wandering about or remaining in a public place in a manner that suggests they are there to solicit or receive alms, they may be presumed to be a beggar or vagrant, respectively, unless they can prove otherwise.
Crime is not considered a crime until it is committed with criminal intent. The state is obligated to provide the basic necessities of life, such as at least roti” (food). If it fails to do so, then people will be forced to beg for survival, and no one can stop them. Under such circumstances, if a law prohibits people from asking for food, what would be the status of such a law? Moreover, not everyone who begs is a professional beggar, and there is no doubt about that.
When the question came before the Delhi High Court, it declared the Bombay Prevention of Begging Act unconstitutional and ultra vires in 2018 on the grounds of violating fundamental rights to life, liberty, equality, and free speech. The vagrancy law in Pakistan also lacks any criteria for distinguishing between professional beggars and those who beg for survival. Therefore, it is prima facie evident that the (Punjab) Vagrancy Ordinance of 1958 is manifestly arbitrary. The legislation is capricious, irrational, and lacks adequate determining principles. Moreover, it is excessive and disproportionate. Therefore, this legislation should be declared as manifestly arbitrary.
Pakistan is constitutionally an Islamic country with Islam as its religion. Charity, or Sadaqah in Islam, is an essential and integral part of the faith. It is considered as one of the five pillars of Islam and is regarded as a means of purification and growth for the soul and of the society. This can be gauged from the fact that the beginning of Surah Al-Baqarah declares those individuals rightly guided and successful “who believe in the unseen, establish prayer, and spend out of what have been provided to them”. In Quran, Muslims are encouraged to give charity regularly, regardless of their financial status; Zakat is compulsory one. Likewise, in Sunnah, Narrated Ibn al-Firasi: “Al-Firasi asked the Messenger of Allah (ﷺ): May I beg, Messenger of Allah? The Prophet (ﷺ) said: No, but if there is no escape from it, beg from the upright” (Sunan Abi Dawud 1646). And it was narrated by Qabisa bin Mukhariq al-Hilali (RA): Allah’s Messenger (ﷺ) said: “Begging is not lawful except to one of three (people): a man who has become a guarantor for a payment, for whom begging is lawful till he gets it, after which he must stop begging; a man whose wealth has been destroyed by a calamity which has befallen him, for whom begging is lawful till he gets what will support life; and a man who has been struck by poverty, the genuineness of which is confirmed by three intelligent members of his people, so it is lawful for him to beg”. (Bulugh al-Maram: Book 7, Hadith 114, Sunnah.com)
Pakistan is a generous country that contributes over one percent of its GDP to charity, according to the Stanford Social Innovation Review. A study by the Pakistan Centre for Philanthropy found that Pakistanis donate around Rs 240 billion (over $2 billion) annually to charity. The report highlights that 98 percent of people in the country give to charitable causes, whether it is through cash donations, in-kind donations, or volunteering. Overall, the study indicates that Pakistanis are deeply committed to charitable causes and demonstrate a sense of compassion and social responsibility.
To conclude, the issue of begging in Pakistan is complex and requires a nuanced approach. While some beggars genuinely need assistance, others may be engaging in professional begging. It is important for lawmakers to carefully consider the impact of their policies on both groups. The ultimate goal of the law should be to create an egalitarian society where no one is forced to beg in order to survive, and not to arrest the poor, needy, and destitute. As the Indian Supreme Court stated, “it would not take an elitist view to ban begging and order removal of all beggars” and “No one likes to beg if not for poverty”. Therefore, it is high time that the (Punjab) Vagrancy Ordinance of 1958, being manifestly arbitrary, is repealed, and laws prohibiting professional begging are enacted, keeping in view the distinction between needy and mala fide beggars.
What do laws do? The answer is: laws regulate relationships between people, prescribe patterns of behavior, and reflect the values of society. Society is a living organism, and therefore its laws are also living. The law is based on a given factual and social reality that is constantly changing. Sometimes changes in the law precede societal changes and are even intended to stimulate them. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to society’s changing needs.
Why do humans beg? The answer is that they beg when they do not have adequate economic resources to sustain their lives, either due to individual or social reasons. Begging may also occur when they want money or commodities from individuals who have the means to provide them, using certain discourse and behaviors. Some call begging a curse and some consider it as a last resort to survive. Some people view begging as a bad or undesirable thing, perhaps because it is seen as a sign of poverty or helplessness. Other people see it as a necessary option when all other means of survival have been exhausted, and may view begging with empathy or understanding. However, according to Asian Human Rights Commission (AHRC), five to twenty-five million beggars are found in Pakistan which is approximately 2.5 to 11 percent of the total population.
Statistics in Pakistan paint a bleak picture in terms of poverty, unemployment, and crime rates. The World Bank report predicts poverty to reach 37.2 percent and noted economist Hafiz A Pasha forecasts unemployment to rise by 2 to 8 million by 2022-23, bringing the unemployment rate to around 10 percent for the first time. According to the Asian Development Outlook, Pakistan’s GDP growth is expected to slow to 0.6% in FY2023 from 6% last year. Resultantly, this situation can lead to an increase in crime rates as individuals may turn to criminal activities to survive or acquire resources. Therefore, there is a need for a deeper understanding of the social and economic factors that contribute to begging, and a more compassionate and holistic approach to addressing the issue.
The issue at hand is not whether begging is a nuisance and should be eradicated from society, but rather whether begging could be considered a criminal offense, under the current socio-economic circumstances of our society?
The laws dealing with begging in India and Pakistan are quite similar. The Bombay Prevention of Begging Act, 1959, serves as a model law for most Indian states, while the West Pakistan (now Punjab) Vagrancy Ordinance, 1958, is the primary law in Pakistan. Under Indian law, “begging” and under Pakistani law, a “vagrancy” includes soliciting or receiving alms in public places, entering private premises to solicit or receive alms, exhibiting any injury, deformity, or disease with the intent of soliciting or receiving alms, having no visible means of subsistence and wandering in public places, or allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms. In both countries, if a person is found to have no visible means of subsistence and is wandering about or remaining in a public place in a manner that suggests they are there to solicit or receive alms, they may be presumed to be a beggar or vagrant, respectively, unless they can prove otherwise.
Crime is not considered a crime until it is committed with criminal intent. The state is obligated to provide the basic necessities of life, such as at least roti” (food). If it fails to do so, then people will be forced to beg for survival, and no one can stop them. Under such circumstances, if a law prohibits people from asking for food, what would be the status of such a law? Moreover, not everyone who begs is a professional beggar, and there is no doubt about that.
When the question came before the Delhi High Court, it declared the Bombay Prevention of Begging Act unconstitutional and ultra vires in 2018 on the grounds of violating fundamental rights to life, liberty, equality, and free speech. The vagrancy law in Pakistan also lacks any criteria for distinguishing between professional beggars and those who beg for survival. Therefore, it is prima facie evident that the (Punjab) Vagrancy Ordinance of 1958 is manifestly arbitrary. The legislation is capricious, irrational, and lacks adequate determining principles. Moreover, it is excessive and disproportionate. Therefore, this legislation should be declared as manifestly arbitrary.
Pakistan is constitutionally an Islamic country with Islam as its religion. Charity, or Sadaqah in Islam, is an essential and integral part of the faith. It is considered as one of the five pillars of Islam and is regarded as a means of purification and growth for the soul and of the society. This can be gauged from the fact that the beginning of Surah Al-Baqarah declares those individuals rightly guided and successful “who believe in the unseen, establish prayer, and spend out of what have been provided to them”. In Quran, Muslims are encouraged to give charity regularly, regardless of their financial status; Zakat is compulsory one. Likewise, in Sunnah, Narrated Ibn al-Firasi: “Al-Firasi asked the Messenger of Allah (ﷺ): May I beg, Messenger of Allah? The Prophet (ﷺ) said: No, but if there is no escape from it, beg from the upright” (Sunan Abi Dawud 1646). And it was narrated by Qabisa bin Mukhariq al-Hilali (RA): Allah’s Messenger (ﷺ) said: “Begging is not lawful except to one of three (people): a man who has become a guarantor for a payment, for whom begging is lawful till he gets it, after which he must stop begging; a man whose wealth has been destroyed by a calamity which has befallen him, for whom begging is lawful till he gets what will support life; and a man who has been struck by poverty, the genuineness of which is confirmed by three intelligent members of his people, so it is lawful for him to beg”. (Bulugh al-Maram: Book 7, Hadith 114, Sunnah.com)
Pakistan is a generous country that contributes over one percent of its GDP to charity, according to the Stanford Social Innovation Review. A study by the Pakistan Centre for Philanthropy found that Pakistanis donate around Rs 240 billion (over $2 billion) annually to charity. The report highlights that 98 percent of people in the country give to charitable causes, whether it is through cash donations, in-kind donations, or volunteering. Overall, the study indicates that Pakistanis are deeply committed to charitable causes and demonstrate a sense of compassion and social responsibility.
To conclude, the issue of begging in Pakistan is complex and requires a nuanced approach. While some beggars genuinely need assistance, others may be engaging in professional begging. It is important for lawmakers to carefully consider the impact of their policies on both groups. The ultimate goal of the law should be to create an egalitarian society where no one is forced to beg in order to survive, and not to arrest the poor, needy, and destitute. As the Indian Supreme Court stated, “it would not take an elitist view to ban begging and order removal of all beggars” and “No one likes to beg if not for poverty”. Therefore, it is high time that the (Punjab) Vagrancy Ordinance of 1958, being manifestly arbitrary, is repealed, and laws prohibiting professional begging are enacted, keeping in view the distinction between needy and mala fide beggars.