13. Discuss “Employment of Juvenile or Child for Begging”
Legal Provision: Section 76 of the Juvenile Justice Act specifically addresses the crime of employing or using a child for begging, which is prohibited by law.
Punishment for Employing Child for Begging: Anyone who employs or forces a child to beg, or causes a child to engage in begging activities, can face imprisonment for up to five years and a fine of up to one lakh rupees.
Punishment for Maiming Child for Begging: If a person intentionally harms the child by amputating or maiming them for the purpose of begging, the punishment increases to rigorous imprisonment for a minimum of seven years, extending up to ten years, along with a fine of up to five lakh rupees.
Abetment by Guardian: If a guardian or person with control over the child abets this crime, they will face the same punishment as the person who directly employs the child for begging.
Unfitness to Care for Child: A person who is found guilty of aiding such offenses will be considered unfit to care for or control the child under the provisions of the Juvenile Justice Act, specifically under sub-clause (v) of clause (14) of section 2.
Child Not Considered Offender: The child involved in begging, even if they were forced into the act, is not considered a “child in conflict with law” under this section.
Rehabilitation of Child: The child will be removed from the custody or control of the person who made them beg and will be placed before the Child Welfare Committee for rehabilitation.
Child as Victim: The law recognizes that children used for begging are victims of abuse and exploitation rather than offenders.
Reintegration Efforts: Efforts will be made to rehabilitate and reintegrate the child back into society, ensuring they have access to education, shelter, and proper care.
Purpose of the Law: This law aims to curb the exploitation of children and provides strong penalties for those responsible for forcing children into begging.
Intervention by Authorities: If the child is found to be living in such conditions, social workers and authorities will intervene to protect the child’s rights and prevent further harm.
Strong Message: The law sends a strong message against using children in begging, highlighting the importance of child protection and the severe consequences for those who exploit children.
Case Law: In People’s Union for Civil Liberties vs. Union of India (1997), the courts emphasized the need to protect children from exploitation, including the practice of forcing children into begging.
