LAW OF THE MARGINS
Articles

Poverty as Punishment: How Poverty is Criminalized and Interacts with Law, Legal Responses to Economic Vulnerability

Ankita Mukherjee
Teaching Assistants, School of Legal Studies, Swami Vivekananda University
Koyel Modak
Teaching Assistants, School of Legal Studies, Swami Vivekananda University

Published 2026-05-07

Keywords

  • criminalization of poverty,
  • default imprisonment,
  • anti‐begging laws,
  • economic vulnerability,
  • legal reform

How to Cite

Mukherjee, Ankita, and Koyel Modak. “Poverty As Punishment: How Poverty Is Criminalized and Interacts With Law, Legal Responses to Economic Vulnerability”. Swami Vivekananda University Press, May 2026, pp. 13-30, https://swamivivekanandauniversitypress.com/index.php/svup/article/view/499.

Abstract

This chapter explores how poverty in India is not merely a socioeconomic condition but is, in many ways, criminalised through legal frameworks, administrative practices, enforcement, and judicial decisions. It situates the discussion within the Sustainable Development Goals (SDGs), especially SDG 1 (No Poverty), SDG 10 (Reduced Inequalities), and SDG 16 (Peace, Justice, and Strong Institutions). Using case law, policy analysis, and lived experience, the chapter examines three primary arenas in which poverty is punished: (i) anti-begging and vagrancy laws; (ii) default sentences under penal regimes for failure to pay fines; and (iii) the interaction between poverty, caste, gender, and institutional bias in access to rights. It further analyses legal responses—legislation, judicial interventions, welfare schemes—and identifies the gaps between formal law and ground realities. The chapter concludes with insights on how legal reform and policy innovation must strengthen the dignity, agency, and protection of economically vulnerable populations.

DOI - https://doi.org/10.65525/SVUP.9788199328600.2026.13-30