SC issues guidelines to overhaul conditions of beggars' homes across country

New Delhi, Sep 14 (IANS) The Supreme Court has issued a slew of guidelines to overhaul the conditions of beggars’ homes across the country, while ruling on a case concerning the death of inmates at Delhi’s Lampur Beggars’ Home due to contaminated water.

A bench of Justices J.B. Pardiwala and R. Mahadevan emphasised that beggars’ homes must evolve from punitive holding centres to restorative spaces that uphold constitutional values, particularly the right to life with dignity under Article 21.

“Beggars’ homes cannot be conceived as quasi-penal facilities. Their role must be restorative, not retributive – places of recovery, skill-building, and reintegration into society. The term ‘home’ itself carries semantic and normative weight: it denotes safety, dignity, belonging, and care,” said the Justice Pardiwala-led Bench.

“Any arrangement that degenerates into a prison-like environment – characterised by overcrowding, unhygienic conditions, arbitrary or involuntary confinement, denial of medical treatment, neglect of mental health needs, or restrictions on personal liberty – is not merely a policy failure, but a constitutional infraction striking at the very heart of Article 21” it added, stressing the need to move away from viewing indigent persons through a lens of criminality.

“Beggars’ homes require a paradigm shift – from being perceived as instruments of social control to being recognised as spaces of social justice,” the apex court stated, calling for a compassionate and constitutional approach to rehabilitation.

Tracing the colonial roots of anti-begging laws, the bench said those statutes reflected a punitive legacy that criminalised poverty rather than addressing it.

“The failure to ensure humane conditions in such homes does not merely amount to maladministration; it represents a constitutional breach of the fundamental right to life with dignity,” it observed, issuing a sweeping set of directions in respect of all beggars’ homes across the country.

It directed that every individual admitted to a beggars’ home should undergo mandatory medical screening within 24 hours of admission, along with monthly health check-ups for all inmates, disease surveillance systems to prevent outbreaks, and strict hygiene standards, including potable water, functional toilets, and pest control.

The apex court further mandated independent infrastructure audits every two years, prohibited overcrowding by directing that occupancy remain within sanctioned limits, and stressed the need for safe housing with proper ventilation and access to open spaces.

“Every beggars’ home shall appoint, or designate from an associated government hospital, a qualified dietician to regularly verify the quality and nutritional standards of food served to inmates. Standardised dietary protocols shall be framed, ensuring nutritional adequacy,” added the Justice Pardiwala-led Bench.

The Supreme Court directed the establishment of skill development centres to promote economic self-reliance, partnerships with NGOs and private institutions for diverse training programmes, and regular assessments to track rehabilitation progress of inmates.

It further ordered that inmates be informed of their legal rights in an accessible language, with panel lawyers of the State Legal Services Authorities visiting beggars’ homes at least once every three months.

The top court directions also called for separate facilities for women and children, ensuring privacy and safety, and directed that children found begging be placed in child welfare institutions instead of beggars’ homes.

For accountability and oversight, the Justice Pardiwala-led Bench mandated monitoring committees to publish annual reports and maintain records of health incidents, with compensation and disciplinary action in cases of death due to negligence.

“In every case where the death of an inmate is attributed to negligence, lack of basic facilities, or failure to provide timely medical care: the state/UT (Union Territory) shall pay reasonable compensation to the next of kin of the deceased; and (b) initiate departmental and, where warranted, criminal proceedings against the officials found responsible,” it added.

The Supreme Court directed that the above directions be implemented within six months, ordering the Union Ministry of Social Justice and Empowerment to frame and notify model guidelines within three months to ensure uniform implementation across all states and union territories (UTs). It asked the apex court registry to circulate a copy of the judgment to the Chief Secretaries of all states and UTs, as well as to the Secretary of the Union Ministry of Social Justice and Empowerment, for strict compliance.

–IANS

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