The Delhi HC has struck down the Bombay Prevention of Begging Act while decriminalizing the begging on a finding that the provisions penalizing begging in the National Capital Territory are unconstitutional and deserve to be struck down. The Bombay Act is liable to be struck down since there is no central law on begging and most of the states, including Delhi have adopted the Bombay Act or have formulated their own laws governing the issue. This judgement came in the case of Karnika Sawhney Vs UOI & Ors.[CM APPL . 1837/2010]

The Court further said that the Delhi State Government will have the liberty to formulate any other provision to prevent the racket forcing people to beg. In this regard, the Court also advised the state government to conduct an examination considering the sociological and economical aspect of the issue.
In doing so, the Court has stated that all the provisions that directly or indirectly criminalize the act of begging, as extended in the National Capital Territory of Delhi, are unconstitutional and are liable to be struck down.
However, while striking down the provisions, the Court has given an exception for two provisions which do not directly or indirectly criminalize begging, which includes the penalty for employing persons or children to receive charity and using animals for obtaining charity.
Commenting on the issue, the Court said that in a country where the government has not been able to provide basic amenities and food to the poor and needy, the act of begging cannot be deemed to be an offence. Further, the court said that criminalizing begging violates the fundamental rights of the most unguarded people in our society and thus, it is a wrong approach to deal with the issue.