Context : Supreme Court’s Stand on Habitual Offender Laws
- SC questioned the constitutional validity of these laws in Oct 2023, calling them “constitutionally suspect.”
- Observed that such laws target Denotified Tribes (DNTs) and reinforce historical discrimination.
- Urged states to review the necessity of these laws.
Relevance : GS 1(Society ) , GS 2(Governance , Polity)
Origin of the ‘Habitual Offender’ Concept
- Colonial Beginnings: Started with Regulation XXII of 1793, allowing imprisonment of communities based on suspicion.
- Criminal Tribes Act (CTA) 1871: Marked entire tribes as “criminal” by birth.
- Repeal in 1952: CTA was repealed, and affected communities were classified as Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs, NTs, SNTs).
- Post-Independence Continuation: States enacted new “habitual offender” laws, shifting from community-based classification to individual-based classification.
Discriminatory Application of the Laws
- Despite repealing CTA, states continued surveillance of DNT communities under habitual offender laws.
- Crimes listed under these laws include vague terms like “being a thug,” “lurking,” and “belonging to a gang of dacoits.”
- Rajasthan’s prison manuals explicitly allowed DNT community members to be labeled habitual offenders.
Historical and Contemporary Backlash
- 1998 Case of Budhan Sabar: A custodial death that sparked outrage over the misuse of these laws.
- Formation of DNT-RAG (Denotified and Nomadic Tribes Rights Action Group): Advocacy led by Mahasweta Devi and G.N. Devy.
- UN Committee on Racial Discrimination (2007): Called for repeal of such laws.
- Virginius Xaxa Committee (2014): Noted persistent stigma due to habitual offender laws.
Current Status in States
- Repealed or Discontinued: Punjab, Haryana, Andhra Pradesh, Odisha (not implemented in 5+ years).
- States Defending the Law:
- Gujarat: Claims “intent” is not to harass DNTs.
- Goa: Argues no DNTs exist in the state, so misuse is not possible.
- Telangana: Calls it a preventive measure.
- Uttar Pradesh: States it is covered under the Goondas Act.
Data on Habitual Offenders
- NCRB 2022 Data: 1.9% of India’s 1.29 lakh convict population classified as habitual offenders.
- Delhi: Highest proportion, with 21.5% of convicts labeled as habitual offenders.
Key Concerns and the Way Forward
- Structural Discrimination: Continues targeting marginalized DNT communities.
- Legal Ambiguity: Vague definitions allow arbitrary application.
- Need for Repeal: SC and international bodies advocate for abolition to prevent abuse.
- State Accountability: Ensuring legal reforms align with constitutional principles and human rights.
