Syllabus Mapping
o GS-II: Governance, Constitution, Polity, Social Justice, and International Relations.
- Government policies and interventions for vulnerable sections.
- Criminal justice system and legal reforms.
- Protection of marginalized communities.
o GS-I: Indian Society.
- Role of caste, tribes, and historical injustices in modern governance.
1. Context of the Article
• The Supreme Court of India has raised concerns over the constitutional validity of branding individuals as habitual offenders.
• The Government of India is reviewing and in some cases repealing laws that disproportionately target Denotified and Nomadic Tribes (DNTs), a historically persecuted group.
• While many states have started scrapping habitual offender laws, others, like Gujarat and Punjab, continue to defend them as necessary tools for crime control.
2. Who is a Habitual Offender?
• A habitual offender is someone classified as having a "tendency to commit crimes" based on past convictions or police surveillance.
• This classification is not just based on convictions but also police records, suspicions, and community background.
• It disproportionately impacts certain socially and economically disadvantaged communities, especially Denotified and Nomadic Tribes (DNTs).
Historical Evolution of the "Habitual Offender" Classification
• Criminal Tribes Act, 1871 (Colonial Law):
o Declared certain nomadic and semi-nomadic tribes as "born criminals."
o Allowed forced resettlement, surveillance, and preventive detention.
• Post-Independence Era (1952):
o The Criminal Tribes Act was repealed, and these communities were officially "denotified."
• However, new "Habitual Offender" laws replaced it:
o Many states enacted Habitual Offenders Acts in the 1950s and 1960s, continuing police surveillance and criminalization of these communities.
o The National Crime Records Bureau (NCRB) data shows that DNTs are disproportionately targeted under these laws.
3. Legal Provisions to Determine Habitual Offenders
a. National and State-Level Laws
• Habitual Offenders Act, 1952:
o Allowed states to classify individuals as habitual offenders if they were repeatedly convicted.
o Enabled police surveillance, preventive detention, and travel restrictions.
• Criminal Procedure Code (CrPC) Provisions:
o Section 110 of CrPC: Allows police to maintain records of individuals suspected of repeated offenses.
o Goonda Acts in Various States: Used to brand individuals and communities as habitual criminals without trial.
• State-Specific Laws:
o States like Gujarat, Rajasthan, and Punjab continue to use habitual offender laws, whereas Haryana, Andhra Pradesh, and Tamil Nadu have repealed them.
b. Supreme Court’s Observations
• In October 2023, the Supreme Court:
o Called into question the constitutionality of the habitual offender classification.
o Declared it discriminatory, noting it unfairly targets denotified tribes.
o Stressed the need for rehabilitation instead of criminal branding.
4. Why Are Habitual Offender Laws Discriminatory?
a. Targeting of Marginalized Communities
• The historical criminalization of DNTs, SCs, and STs continues through these laws.
• Many face wrongful accusations, lack access to legal resources, and suffer from routine police harassment.
b. Violation of Fundamental Rights
• Article 14 (Right to Equality):
o These laws disproportionately target specific communities, violating equal protection under the law.
• Article 21 (Right to Life and Liberty):
o Habitual offender laws allow for preventive detention without trial, violating personal liberty.
• Article 19 (Freedom of Movement):
o Travel restrictions on those classified as habitual offenders violate constitutional freedoms.
c. Police Misuse and Arbitrary Arrests
• Police use habitual offender laws to justify arbitrary arrests without evidence.
• People labeled as habitual offenders struggle to find jobs, access education, or get loans.
d. Lack of Rehabilitation and Reintegration
• Instead of offering pathways for reform, these laws perpetuate a cycle of criminalization.
• The Denotified Tribes Commission has repeatedly highlighted the failure of these laws in reducing crime.
5. Way Forward: Reforming Habitual Offender Laws
a. Repealing Discriminatory Laws
• Law Commission of India (262nd Report, 2015):
o Recommended that habitual offender laws should be repealed as they fail to serve justice.
o Proposed rehabilitation programs instead of punitive measures.
• National Human Rights Commission (NHRC) Recommendations (2018):
o Urged states to stop police surveillance of denotified tribes.
o Recommended expunging police records of those wrongfully classified.
b. Strengthening Legal Safeguards
• Judicial Oversight Before Classification:
o Police should require court approval before labeling someone a habitual offender.
o Right to appeal must be available to those classified.
• Amendments to CrPC and IPC:
o Decriminalizing past offenses after a certain period if the person does not re-offend.
c. Rehabilitation and Social Justice Measures
• Recognizing Denotified Tribes as Vulnerable Groups:
o Providing affirmative action in employment and education.
o Legal aid programs for DNTs facing wrongful accusations.
• Skill Development and Economic Inclusion: Introduce government-sponsored skill training for those previously classified as habitual offenders.
d. Sensitization of Law Enforcement
• Mandatory Training for Police on Anti-Discrimination:
o Law enforcement should be trained on the rights of denotified tribes.
o Strengthening internal mechanisms to prevent abuse of power.
• Independent Review Committees in Each State:
o To monitor habitual offender laws and prevent misuse.
