The Supreme Court has held that beggars’ homes maintained by the state are not discretionary acts of charity but constitutional trusts whose administration must uphold the values of constitutional morality. Issuing a set of far-reaching directions, the Court stressed that the right to life with dignity extends fully to the most vulnerable sections of society housed in such institutions.
A bench of Justices J.B. Pardiwala and R. Mahadevan observed that the failure to provide humane conditions in beggars’ homes does not merely amount to maladministration but constitutes a breach of the constitutional guarantee of dignity under Article 21.
“A beggars’ home, maintained by the state, is a constitutional trust, not a discretionary charity. Its administration must reflect the values of constitutional morality – ensuring liberty, privacy, bodily autonomy, and dignified living conditions,” the Court said.
The ruling came in the wake of an incident at the Lampur beggars’ home in North Delhi, where contamination of drinking water with coliform bacteria led to an outbreak of cholera and gastroenteritis among inmates. The Court used the occasion to lay down systemic reforms across all states and Union Territories.
The bench directed that every individual admitted to a beggars’ home must undergo a medical screening within 24 hours of admission, followed by monthly health check-ups. A disease surveillance and early warning system must be established, and strict hygiene standards, including potable drinking water, functional toilets, drainage systems, pest control, and vector management, must be enforced.
All beggars’ homes must undergo independent third-party infrastructure audits every two years. Overcrowding was strictly prohibited, with occupancy capped at sanctioned capacity to prevent health hazards. Adequate housing, ventilation, open spaces, and nutritional food verified by qualified dieticians were mandated.
To ensure rehabilitation, the Court ordered the establishment of vocational training facilities in partnership with government agencies, NGOs, and private institutions. Periodic assessments must evaluate rehabilitation outcomes and facilitate reintegration of inmates into society.
The Court held that inmates must be informed of their legal rights, including the right to contest detention orders. Panel lawyers from state legal services authorities must visit homes every three months to provide free legal assistance.
For women and children, separate facilities must be provided to ensure privacy, safety, education, and counselling. Importantly, children found begging cannot be detained in beggars’ homes but must be referred to child welfare institutions under the Juvenile Justice Act.
Every state and UT is required to establish a monitoring committee with officials, health authorities, and civil society members to publish annual reports on the condition of beggars’ homes. Records of illnesses, deaths, and remedial measures must be maintained.
Where deaths occur due to negligence, lack of facilities, or denial of timely medical care, the state must pay reasonable compensation and initiate disciplinary or criminal proceedings against responsible officials.
The Court directed the Union Ministry of Social Justice and Empowerment to frame and notify model guidelines within three months to facilitate uniform implementation across the country.
