How do habitual offender laws discriminate?

• The Supreme Court of India questioned the “habitual oender” laws in India, stating they are “constitutionally suspect” and targeted members of denotied tribes.
• The Union Social Justice Ministry revealed that some states like Gujarat are arguing for the continuation of the law, while others are discontinuing its application, like Punjab.
• States like Haryana have already repealed the law.
• The origin of the “habitual oender” law is traced back to Regulation XXII of 1793, the Indian Penal Code of 1860, and the Criminal Procedure Code of 1861.
• The Criminal Tribes Act (CTA) of 1871 was the first to establish a register of “dacoits and thugs”, leading to an exponential increase in the number of communities declared “criminal.”
• The United Nations Committee on the Elimination of Racial Discrimination called for the repeal of these laws in 2007.

The Evolution of Indian Criminal Tribes Laws

• The Criminal Tribes Act Enquiry Committee Report (1949-50) recommended the repeal of the Criminal Tribes Act (CTA) and encouraged central legislation for all habitual oenders.
• In 1952, the Government of India repealed all criminal tribes laws, classifying communities as “denotied, nomadic, and semi-nomadic” (DNT, NT, SNT) tribes.
• States like Andhra Pradesh, West Bengal, Karnataka, Goa, Himachal Pradesh, Uttar Pradesh, etc., adopted laws on “habitual oenders” over the next two decades.
• The Lokur Committee in 1965 saw denotied tribes as communities with an “anti-social heritage” and some as having an “anity for crime.”
• The Denotied and Nomadic Tribes Rights Action Group (DNT-RAG) was formed in 1998 to address the treatment of these communities by the police.
• The NHRC formed an Advisory Group in 2000, concluding that these “habitual oender” laws can be repealed.
• The United Nations Committee on the Elimination of Racial Discrimination called for the repeal of these laws in 2007.
• The High-Level Committee of the Tribal Affairs Ministry noted the negative impact of these laws on the lives of these communities.
• Journalist Sukanya Santha led a petition in the Supreme Court in 2020 on widespread discrimination within Indian prison systems.

“Habitual Oender Laws in India: A Case Study”

• In October 2024, a Bench ruled that “habitual oender” laws were used to target members of “denotied tribes” or wandering tribes.
• The Supreme Court urged state governments to review the need for such laws.
• Punjab, Odisha, and Andhra Pradesh have not implemented the law for over five years, with no registered cases.
• Some states, like Goa, argue that the law is not misused as there are no DNTs in their states.
• Gujarat opposes repealing the law, stating it doesn’t intend to harass.
• Telangana calls the law preventative, while Uttar Pradesh believes it doesn’t matter as all “habitual oender” provisions are covered under their Goondas Act.
• According to the National Crime Records Bureau, about 1.9% of India’s convict population is classified as “habitual oenders”, with Delhi having the highest proportion.