Supreme Court Declares Beggars’ Homes A ‘Constitutional Trust’, Not Penal Facilities

In a landmark judgment aimed at protecting the dignity and rights of the marginalised, the Supreme Court has ruled that beggars’ homes are neither quasi-penal institutions nor centres of discretionary charity, but spaces of restoration and social justice.

The verdict, as cited by PTI, delivered by a Bench comprising Justices J.B. Pardiwala and R. Mahadevan on September 12 and published on Sunday, strongly criticised the inhumane conditions prevailing in many such institutions and asserted that they must function as centres of rehabilitation, recovery, and reintegration.

Justice Mahadevan, who authored the judgment, observed that the residents of beggars’ homes are often victims of structural poverty, mental illness, abandonment, domestic violence, caste discrimination, or social exclusion. Unlike convicts or undertrials, these individuals are not offenders and hence deserve greater constitutional protections, not fewer.

“If constitutional protections are owed to convicts and undertrials — individuals lawfully deprived of liberty pursuant to criminal conviction or prosecution — a fortiori, they must apply to residents of beggars’ homes, who are not offenders at all,” Justice Mahadevan stated.

The Court held that the failure to maintain humane conditions in these homes is a constitutional breach, violating Article 21 of the Constitution, which guarantees the right to life with dignity. The judgment condemned conditions that resemble prisons, such as overcrowding, unhygienic environments, involuntary confinement, lack of medical care, and mental health neglect, as serious infractions.

“Any arrangement that degenerates into a prison-like environment… is not merely a policy failure, but a constitutional infraction striking at the very heart of Article 21,” the Court warned.

The case stemmed from a tragic 2000 outbreak of cholera and gastroenteritis at the Narela Beggars’ Home in Delhi, which resulted in six deaths and over 100 hospitalisations. Investigations traced the outbreak to contamination of drinking and cooking water, highlighting the abysmal conditions in such institutions.

In a decisive move to safeguard the rights and dignity of the most vulnerable, the Supreme Court issued a series of concrete directives aimed at reforming beggars’ homes across India. The Court mandated that all individuals admitted to such facilities must undergo medical check-ups within 24 hours to ensure immediate attention to health needs.

To uphold nutritional standards, a qualified dietician must be employed to regularly monitor and verify the quality of food served. Recognising the often-dilapidated state of infrastructure, the Court ordered independent third-party audits of these homes at least once every two years. To curb overcrowding and the associated risk of disease outbreaks, occupancy levels must not exceed the sanctioned capacity. The judgment also emphasised the importance of rehabilitation, calling for the availability of vocational training and skill development programs to enable residents to reintegrate into society.

Additionally, separate and secure facilities must be provided for women and children, ensuring their privacy, safety, and access to essential services such as childcare, education, and counselling. Importantly, the Court clarified that children found begging should not be confined in beggars’ homes but must instead be directed to Child Welfare Institutions, in line with the Juvenile Justice (Care and Protection of Children) Act, 2015. These reforms aim to transform beggars’ homes from spaces of neglect into centres of dignity, care, and social reintegration.