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- The CTA was repealed and the Habitual Offenders Act (HOA) was enacted in various States.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.
