The legacy of British rule can be seen through specific notification that
designated peculiar groups as a criminal also called as de-notified tribes, are
the tribes that were originally listed under the Criminal Tribes Act of 1871. As
criminal tribes are addicted to the systematic commission of non bailable
offences, once a tribes became notified as a criminal all its members were
required to register with the local magistrate failing which they would be
charged with crime under the Indian penal code. These provisions clearly now
show the lack of faith shown by the British administration on some tribes in
India.
The criminal tribes act 1952 repealed the notification that de-notified the
tribal communities. This act however was replaced by a series of habitual
offenders act that asked police to investigate a suspect criminal tendencies and
whether their occupation is conducive to settled way of life. This de-notified
tribes were reclassified as a habitual offenders in 1959.
India is perhaps the only country that continues with this orientalist notion of
tagging tribes as hereditary criminals. The central government has constituted a
national commission for de-notified, nomadic and semi-nomadic tribes to specify
the economic interventions for raising their living standards through asset
creation and self- employment opportunities.
Following are the challenges faced by the community:
- Basic infrastructure facilities like drinking water, shelter and
sanitation facilities are not available to the communities, healthcare and
education facilities are also not available.
- Due to the stigma of criminal attached to them in past, they are still
treated criminals and tortured by the local administration and police.
- Since they are nomadic in nature they do not have a permanent settlement
as a result they lack social security cover and are not issued ration card, adhar
card, BPL card etc, and hence they are not getting benefits under the government
welfare scheme.
- The caste categorisation is not very clear for these communities.
Steps to be taken to improve political-social and economic conditions of DNTs:
- Political:
- Habitual offenders act should be repealed.
- Grievances redressal committee should be formed at the district level.
- A permanent commission should be formed having a prominent leader and
the present of the govt. Officials.
- As per the Bhiku Ramji Idate commission recommendation, constitutional
protection should be granted to them as per on the basis of SC and STs.
- Economic:
- Provide them a basic needs such as housing, drinking water, food,
electricity, school, roads etc.
- Appropriate land should be alloted to them for the construction of permanent
houses.
- A national finance development corporation should be created for their
development.
- Social:
- A separate academy should be established to preserve their art and
culture, special education and health scheme should be introduce targeting
the community.
- Fees should be lowered and admission condition for childrean from the
communities should be relaxed.
- A comprehensive government survey should be conducted to trace their
identity in order to recommended them for inclusion in SC, ST and OBCs category.
- A part from the basic infrastructure development, technology upgradation is
also needed to align these communities to the mainstream Indian society.
Recommendation by various committees established:
- Kalekar Commission:
Appointed in 1953 suggested that the criminal tribes should not be called
tribes nor should be named criminals or the tag of ex-criminals be attached
to them. They could be called de-notified communities and it could be
divided into two sections 1) nomadic, 2) settled.
- The Lokur Committees:
According to the recommendation of this committee it opined that it would be
in the best of interest of the communities. If they are taken out from SC/ST
lists and treated exclusively as distinct group with development scheme
specially designed to suit them.
- Justice Venkatachaliah Commission:
According to the recommendation of the commission the economic and
educational development programmes of DNTs should be strenghtened and also
constitute a special commission to look into their need and grievances.
Conclusion:
There is immediate need to take comprehensive decision about welfare actions for
de-notified tribes all over the country followed by the right sprit of
implementation. The criminal branding of the community should be uprooted from
the society to ensure that all the other benefits reach them and empower them.
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