Considering Repeal of Habitual Offenders Act - Denotified Tribes

What is the issue?

The continuing stigmatisation of the Denotified Tribes (DNT) in India calls for the repeal of the Habitual Offenders Act.

Who are the Denotified Tribes?

• The term, ‘De-notified and Nomadic Tribes’, can be traced to the Criminal Tribes Act (CTA) of 1871.
• The colonial government notified nearly 200 tribal communities to be hereditary criminals.
• This fixed their societal identity as outcasts and subjected them to constant harassment by the administration.
• After Independence, these tribes were ‘de-notified’ from the list of Criminal Tribes, and, hence, the term Denotified Tribes (DNT).

How were they dealt?

• The state-sanctioned stigmatisation of the DNTs in India under British rule was very evident.
• The CTA allowed for close supervision and control over the mobility of the tribes notified by the provincial governments.

• The Act was amended in 1897, 1908 and 1911 to give sweeping powers to the authorities.
• This included some draconian powers as allowing the state to remove any child of age six and above from its ‘criminal’ parents.
• By 1924, certain provisions were amended, and the Act was finally applicable to the whole of British India.
• Along with the introduction of laws such as Forest Acts and Salt Tax Act, the British placed stringent regulations on the DNTs.

What is the Habitual Offenders Act?

• In independent India, the need was felt to shift the collective burden of criminality to the individual.
• This led to the CTA being repealed and the Habitual Offenders Act (HOA) being enacted in various States.
• Currently, a variant of the HOA Model Bill as proposed by the Union Government, stands enforced in 10 States.

How are the DNTs at present?

• The Habitual Offenders Act (HOA) functioned as a mere extension of the Criminal Tribes Act (CTA).
• Fifteen crore individuals, better known as the Denotified Tribes (DNT) of India, continue to be considered ‘criminal by birth’.
• Certainly, the mere repeal of the CTA could not change the mindset of government officials or members of society.
• Nomadic and semi-nomadic communities continued to face harassment at the hands of law enforcement agencies and ostracisation by society at large.
• Given their centuries-old tradition of constant movement, they often do not possess any residential proof.
• This leaves them out of the majority of the government’s developmental schemes.
• Those deemed eligible for such schemes were randomly grouped under the Scheduled Castes, Scheduled Tribes or Other Backward Classes categories.
• As a result, most members of the DNTs continue to be out of the orbit of steps being taken to end discrimination.

What were the measures taken?

• The first National Commission for Denotified, Nomadic and Semi-nomadic Tribes (NCDNT) was constituted in 2003.
• It was reconstituted two years later under the chairpersonship of Balkrishna Renke, which submitted its report in 2008.
• The NCDNT report clearly recommends repealing the various HOAs.
• The recommendations found an echo in the Idate Commission, constituted with the similar mandate in 2015.
• However, the Idate Commission Report lacks the scientific data necessary to introduce reforms to address the plight of DNTs.

What lies ahead?

• There is a need for establishing society-wide changes for DNTs to gain access to political-social-economic welfare.
• Their unique lifestyle requires positive affirmation and development policies that cater to their specific needs.
• So the repeal of the law has to be accompanied by a slew of legal reforms, addressing the multitude of issues that DNTs face.

Source: The Hindu