DIGITAL SURVEILLANCE, CRIMINAL NETWORKS, AND STREET BEGGING: REVISITING MAHARASHTRA'S LEGAL FRAMEWORK UNDER THE BOMBAY PREVENTION OF BEGGING ACT, 1959
Vishal Baban Ovhal, Ph.D., 3rd Year, Scholar at ABMS Parishad Yashwantrao Chavan Law College, Pune, Maharashtra (India)
Begging in urban Maharashtra is no longer a solitary act of desperation; it has increasingly assumed the character of an organized enterprise in which entrenched criminal networks exploit vulnerable individuals—children, women, persons with disabilities, migrant workers, and the destitute—for financial gain. The Bombay Prevention of Begging Act, 1959 remains Maharashtra’s principal statutory response to begging, yet its architecture was framed in an era that could not have anticipated digitally enabled syndicates, biometric identification systems, CCTV analytics, QR-code based collections, or contemporary data-protection concerns. Using a doctrinal legal research methodology, this article examines the text and operation of the 1959 Act, relevant constitutional principles, judicial pronouncements, and connected statutory frameworks, including the Maharashtra Control of Organized Crime Act, 1999, the Information Technology Act, 2000, the Criminal Procedure (Identification) Act, 2022, the Digital Personal Data Protection Act, 2023, and child-protection and trafficking-related laws. The article argues that the existing framework inadequately distinguishes between poverty-driven begging and coercive, organized exploitation. It further evaluates whether digital surveillance can assist law enforcement in identifying repeat patterns, tracing financial flows, and dismantling criminal networks without converting vulnerable persons into objects of permanent surveillance. The paper recommends targeted statutory amendments, including a proposed Section 11-A creating an aggravated offence of organized exploitation for begging and a proposed Section 29-A authorizing biometric identification, CCTV surveillance, and digital payment tracing subject to purpose limitation, retention limits, deletion duties, and independent oversight. It concludes that Maharashtra requires an integrated, rights-respecting legal architecture that couples the rehabilitative purpose of the 1959 Act with proportionate surveillance powers and enforceable data-protection safeguards.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2973–2994. |
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