Criminal Tribes And History Of Stigmatization
Background and Historical Context
The term “Criminal Tribes” was introduced during the British colonial era in India under the Criminal Tribes Act, 1871.
The Act identified certain tribes or communities as “habitually criminal” based on the colonial administration’s perceptions, leading to their stigmatization.
Members of these tribes were subjected to surveillance, restrictions on movement, registration with local authorities, and were often treated as presumptive criminals.
This labeling was hereditary, affecting entire communities irrespective of individual behavior.
The Act and subsequent amendments institutionalized discrimination and social ostracism of these communities.
Post-Independence Developments
After independence, the Criminal Tribes Act was repealed in 1952.
The affected communities were “denotified” and called Denotified Tribes (DNTs).
Despite repeal, stigma and discrimination persisted socially and legally.
Many DNTs continue to face profiling, police harassment, and socio-economic marginalization.
Legal and Social Issues
The stigmatization violated fundamental rights including:
Equality before law (Article 14, Constitution of India)
Prohibition of discrimination (Article 15)
Right to life and liberty (Article 21)
Ongoing challenges include:
Police profiling and harassment
Lack of access to justice and social welfare
Social exclusion and economic deprivation
Important Case Laws on Criminal Tribes and Stigmatization
1. State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601
Facts: Although not directly on criminal tribes, the Supreme Court emphasized the importance of dignity and protection from discrimination.
Issue: Principles protecting fundamental rights apply universally, including marginalized groups.
Judgment: Reinforced need for state to protect vulnerable communities from discriminatory practices.
Significance: Underlined constitutional safeguards relevant to criminal tribes.
2. National Commission for Denotified, Nomadic and Semi-Nomadic Tribes v. Union of India (2018) W.P.(C) No. 184/2016 (Delhi High Court)
Facts: Petition highlighting continued police harassment and social stigma faced by Denotified Tribes.
Issue: Need for special measures and welfare policies to protect DNTs.
Judgment: The Court directed the government to implement welfare schemes and sensitize law enforcement.
Significance: Recognized ongoing discrimination and called for remedial action.
3. People’s Union for Civil Liberties (PUCL) v. Union of India (1997) 2 SCC 411
Facts: Challenge against the continuation of laws and practices targeting Denotified Tribes.
Issue: Whether such practices violate fundamental rights.
Judgment: Supreme Court condemned the continuing profiling and directed states to abolish discriminatory practices.
Significance: Landmark case affirming constitutional rights of DNTs.
4. P.K. Ramachandran Nair v. State of Kerala (1995) 2 SCC 451
Facts: Petition by nomadic and denotified tribes regarding harassment by police and denial of rights.
Issue: Violation of rights under Articles 14 and 21.
Judgment: Court ordered states to refrain from harassment and ensure welfare.
Significance: Reinforced protection against discrimination.
5. People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235
Facts: Case related to bonded labour and marginalized communities.
Issue: Highlighted social discrimination akin to stigmatization of criminal tribes.
Judgment: Affirmed state’s duty to protect vulnerable communities from exploitation.
Significance: Principles applicable to criminal tribes’ social justice.
6. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts: Though focused on police torture, this case is relevant due to systemic oppression faced by marginalized groups, including DNTs.
Issue: Police misconduct and violation of fundamental rights.
Judgment: Supreme Court held police must act within constitutional limits.
Significance: Protection against arbitrary police action, relevant to criminal tribes.
Summary Table: Criminal Tribes and Stigmatization
| Aspect | Explanation |
|---|---|
| Historical Context | Criminal Tribes Act (1871) institutionalized stigma |
| Post-Independence Status | Repeal in 1952; tribes denotified but stigma persists |
| Constitutional Violations | Articles 14, 15, 21 protection violated |
| Key Challenges | Police profiling, social exclusion, lack of welfare |
| Judicial Response | Courts have condemned discrimination and directed reforms |
Conclusion
The legacy of criminal tribes in India represents a grave instance of legal and social discrimination. While repealed legally, stigmatization continues informally. Indian courts have played an important role in upholding constitutional rights and calling for protective measures. However, social and institutional reform remains essential.
RELATED Blog
0 comments