DENOTIFIED TRIBES (DNT)

Dec. 8, 2018

Some legislators are demanding the repeal of the Habitual Offenders Act, ends up re-stigmatising 15 crore individuals, better known as the Denotified Tribes (DNT) of India, who continue to be considered ‘criminal by birth’.

Timeline:

  • 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 and subjecting them to constant harassment by the administration.

  • After India gained Independence, these tribes were ‘de-notified’ from the list of Criminal Tribes, and, hence, the term.

  • The CTA was repealed and the Habitual Offenders Act (HOA) was enacted in various States. Currently, a variant of the HOA Model Bill as proposed by the Union Government stands enforced in 10 States across the country, having been enacted in many more.

Challenges faced by them:

  • However, the HOA functioned as a mere extension of the CTA. Nomadic and semi-nomadic communities continued to face harassment at the hands of law enforcement agencies.

  • Given their centuries-old tradition of constant movement, they often do not possess any residential proof, which leaves them out of the majority of the government’s schemes.

  • Those deemed eligible for such schemes were randomly grouped under the Scheduled Castes, Scheduled Tribes or Other Backward Classes categories.

Steps taken by Government:

  • To address these issues, the first National Commission for Denotified, Nomadic and Semi-nomadic Tribes (NCDNT) was constituted in 2003, and reconstituted two years later under the chairpersonship of Balkrishna Renke, which submitted its report in 2008.

  • The recommendations found an echo in the Idate Commission, constituted with the similar mandate in 2015, and currently withholding public release of its report.

Way ahead:

  • The NCDNT report clearly recommends repealing the various HOAs as the Act still casts its shadow of the state on communities.

  • However, the repeal of the HOA has to be accompanied by a slew of legal reforms to address the multitude of issues DNT communities face.

  • Their unique lifestyle requires positive affirmation and development policies.

Source : The Hindu