On September 9, two transgender women, Ranjitha* (34) and Prema* (24), found themselves entangled in the web of the Karnataka Prohibition of Beggary Act. The Sadashiva Nagar police in Bengaluru arrested them under Section 11 of the Act, filing separate First Information Reports (FIRs) alleging that they were causing disturbances to public movement by begging near the Mekhri Circle and Ramaiah Circle, respectively.
These arrests are emblematic of a larger issue: the arbitrary enforcement of a law that was ostensibly designed to address begging but has instead become a tool to penalise individuals facing socio-economic hardships. The Act grants authorised police officers the power to arrest or inquire individuals suspected of begging, without the need for a warrant. Ranjitha and Prema, are both residents of Bengaluru's Yelahanka.
Uma, a trans activist and founder of Jeeva, an NGO working for the rights of gender minorities, expressed outrage, stating, “Both Ranjitha and Prema have been sent to beggar’s colony. The cops are not allowing any of the community members to go meet them.”
“Society has systematically denied transgender individuals their rightful place and rights. We are given no space, no opportunity in society yet they expect us to thrive and play by their rules that were never designed for us,” Uma said. She added that the primary source of income for many trans individuals is through begging or sex work, often battling immense social stigma.
It is crucial to recognise that for many transgender individuals, particularly those grappling with immense social stigma, begging and sex work become a reluctant yet primary source of income. This predicament is a direct consequence of historical oppression, dating back to colonial-era laws like the Criminal Tribes Act of 1871. Although repealed in 1952, its legacy endures through various state-level habitual offender Acts, perpetuating the marginalisation of gender minorities. In 2011, the Karnataka Police Act was amended to include a Section titled "Power to regulate eunuchs," providing the police with the authority to arbitrarily arrest and detain transgender persons. (Eunuch is a derogatory term used for transgender people.)
The 2014 Supreme Court judgement in NALSA vs Union of India was a watershed moment, affirming the fundamental rights of transgender persons and acknowledging the violence and discrimination they face. It shed light on the harsh reality that, for many, begging might be the only viable means of survival. However, despite this landmark judgement, substantive change remains elusive due to a lack of awareness and sensitisation on the ground. This is particularly crucial among those responsible for enforcing the law, emphasising the pressing need for comprehensive education and training to bridge the gap between legal recognition and practical implementation.
In 2017, the Karnataka government introduced ‘vigilance squads’ with the stated goal of "rehabilitating" transgender women who were begging on the streets of Bengaluru. This move was met with significant controversy, with critics arguing that it perpetuated discrimination against transgender individuals and failed to address the underlying socio-economic issues they face.
Uma added that if begging is to be considered a problem or a crime, then the true culprits are the policymakers responsible for job creation and affordable housing. “Instead of addressing the systemic failures that lead to begging as a means of survival, individuals are penalised for navigating a world not designed for them,” she said.
* (name changed to protect identity)
Read: ‘Begging racket crackdown’ sheds light on Hyd police’s ignorance about trans persons