HC sounds alarm over organised exploitation of child begging

PANAJI  
Warning that Goa must act before isolated instances spiral into a crisis seen in cities such as Mumbai and Delhi, the High Court of Bombay at Goa on Tuesday flagged alarming indicators of organised exploitation behind children begging at traffic signals, including the disturbing possibility of minors being deliberately mutilated to evoke public sympathy.

The Division Bench of Justice Suman Shyam and Justice Amit Jamsandekar, while hearing Public Interest Litigation by Advocate Moses Pinto, accepted the apprehensions about possible trafficking and coercion of children. The Bench called for an investigation to ensure the practice is “nipped in the bud” before it becomes unmanageable.

“The PIL raises a very important but sensitive issue on the exploitation of underprivileged children who are forced into begging at traffic signals at various parts of Goa. From the case projected in the PIL, what transpires is that apart from the case of exploitation, the possibility of children being forced to beg by mutilating their limbs to create sympathy cannot be ruled out,” the Court observed in its order.

From the material placed on record, the Bench also stated the situation warranted a “serious investigation”, stressing that early intervention was necessary precisely because the problem had not yet reached metropolitan proportions.

“This calls for a serious investigation. We have requested the Advocate General (Devidas Pangam) to render assistance to this Court so as to place on record the State’s perspective on the manner in which this issue, which is not rampant, can be suitably dealt with and nipped in the bud,” the Bench said.

Appearing for the State, AG Pangam submitted that many individuals seen begging did not appear destitute in the traditional sense. “They do not appear to be beggars. They appear to be professional beggars,” he told the Bench, while clarifying that the situation in Goa was nowhere close to the scale witnessed in Mumbai or Delhi, where children are found begging at almost every traffic signal.

The AG also narrated instances where children were found begging while parents were engaged in other activities nearby. Referring to a personal interaction, Pangam said a child begging outside a supermarket had claimed that his father was selling balloons while he was made to beg outside the supermarket.

At the same time, Pangam submitted that there was no material to suggest the kidnapping of children, as seen in larger cities. The Court, however, cautioned against complacency.

“Today, it may not be the case, but can something not be thought of?” the Bench asked the AG while warning that delay in preventive measures could allow begging to evolve into a lucrative organised activity.

The Bench also underlined that children involved in such practices are voiceless and lack the means to seek help.

The High Court also expressed concern over the public encouraging begging by giving alms and referred to legislative steps taken by Maharashtra, where giving alms – other than food – has been criminalised.

“Visitors must be told that begging is not to be encouraged. There might be a racket which might abduct children and makes them do such activities. These people (beggars) have no one to speak for them; they are voiceless. This (begging) will have to be stopped, otherwise this becomes a lucrative business. You don’t know whose children they are, who are made to beg. Maybe these children don’t belong to them (adults seen with the children). Are they (children) actually handicapped or made into this?” the Bench noted, suggesting that Goa check the Maharashtra law.

Seeking concrete solutions, the Bench asked the State to place on record actionable measures, including the possible involvement of the State Legal Services Authority, and indicated that the issue must be viewed primarily through the lens of child protection and human rights, not merely as a tourism-related concern. Earlier, the AG had argued that professional beggars tend to enter the State during the tourist season, harass the tourists and leave post-tourist season.

The Bench adjourned the matter to February 18, with directions to the AG to assist the Court in identifying practicable steps to curb child begging at traffic signals and prevent the exploitation of minors.