The Criminal Tribes Act (CTA) of 1871 was a significant and controversial piece of legislation introduced during British rule in India. This law targeted entire communities, labelling them as "habitual criminals" based on their caste and lifestyle, particularly focusing on nomadic and marginalized groups. The CTA criminalized these communities and restricted their movements, contributing to long-term social stigmatization. Although the act was repealed post-independence, its legacy of social exclusion still affects millions of people in India today.
Historical Context of the Criminal Tribes Act
The origins of the Criminal Tribes Act, 1871 can be traced to earlier British efforts to address what they perceived as widespread criminal activity among certain communities. The British were especially concerned about groups like the Thugees, a secretive cult that allegedly worshiped the goddess Kali and were infamous for robbing and murdering travelers. The colonial government viewed the Thugees as a dangerous criminal element, leading to early campaigns to suppress their activities. The CTA was ostensibly introduced as part of this broader effort to establish law and order in the subcontinent.
However, many historians argue that the act was more than a mere response to crime. Instead, they view it as part of a larger project of social engineering by the British. This social engineering included the classification of Indian society into categories such as "agricultural" or "martial" castes, which determined who could serve in the military or benefit from other forms of state patronage. The CTA, in this sense, reflected the colonial government's attempt to control and manage Indian society by imposing rigid social classifications and limiting the movements of those they considered undesirable.
Impact of the 1857 Revolt on the CTA
The Indian Rebellion of 1857 also played a critical role in shaping British perceptions of Indian society. Many tribal leaders and chiefs, such as Dhan Singh Gurjar, were labeled as traitors for their participation in the revolt against British rule. In the aftermath of the rebellion, British authorities became increasingly suspicious of tribal groups, viewing them as potential threats to colonial stability. This suspicion was a key factor behind the introduction of the Criminal Tribes Act. By branding these communities as inherently criminal, the British sought to weaken their capacity for rebellion and resistance.
Profiling and Segregation Under the Criminal Tribes Act
The Criminal Tribes Act significantly expanded in scope in the years following its introduction, especially during the 1920s. Initially targeting specific groups such as the Gujjars, Harni, and Lodhi (all sub-clans of the Rajputs), the act soon encompassed a wide range of communities across India. According to Simon Cole, a professor of Criminology, the law labeled members of certain castes and tribes as being born with criminal tendencies. This profiling had far-reaching consequences, as members of these communities were forced to report regularly to local police stations and were subjected to constant surveillance.
Ramnarayan Rawat, a historian specializing in social exclusion in the Indian subcontinent, notes that the act particularly affected Shudras, untouchables, and other marginalized groups such as the Chamars, Sanyasis, and various hill tribes. These groups, already living on the fringes of society, were further stigmatized by their classification as criminals by birth.
The colonial authorities created an extensive list of "criminal" castes and tribes, with hundreds of communities being targeted under the act. The most severe consequence of this law was the restriction of these communities' movements and social interactions. In some regions, entire groups were presumed guilty from birth, leading to mass arrests, the separation of children from their parents, and the establishment of penal colonies where individuals were held without due process.
Reform and Repeal After Independence
With the end of British rule and the emergence of independent India, the CTA was increasingly viewed as incompatible with the ideals of justice and equality enshrined in the Indian Constitution. In January 1947, the Government of Bombay established a committee, which included prominent leaders like B.G. Kher, Morarji Desai, and Gulzarilal Nanda, to investigate the status of criminal tribes. This marked the beginning of a campaign to repeal the act, which culminated in its official abolition in August 1949.
Leaders such as P. Ramamurthi, P. Jeevanandham, and U. Muthuramalingam Thevar played a critical role in this campaign. Thevar, in particular, led agitations against the CTA in southern India as early as 1929, urging people to defy the act and demanding the decriminalization of these communities. The campaign's success led to the decriminalization of 2.3 million people by 1949, with other provincial governments following suit in the years that followed.
In 1950, a central government committee reviewed the CTA and concluded that the act violated the principles of justice and equality. This paved the way for the total repeal of the act, and the colonial policy of criminalizing entire communities was formally abandoned.
Post-Repeal Challenges: The Habitual Offenders Act, 1952
Despite the repeal of the CTA, many of the communities previously affected by the act continued to face significant challenges. The Habitual Offenders Act (HOA), passed in 1952, sought to address concerns about rising crime rates among the newly decriminalized tribes. However, the HOA effectively re-stigmatized these groups by identifying individuals with a history of criminal activity as habitual offenders.
The Habitual Offenders Act perpetuated many of the same injustices as the CTA, with marginalized communities continuing to be treated with suspicion by law enforcement authorities. As a result, the denotified and nomadic tribes, who had been criminalized under the CTA, remained socially and economically marginalized, facing limited access to education, employment, and social mobility.
Modern-Day Challenges and Reforms
Today, the communities affected by the Criminal Tribes Act and its successor laws are collectively referred to as denotified and nomadic tribes. These groups, numbering around 60 million people, continue to face significant social and economic challenges. In 2008, the National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes (NCDNSNT) recommended that these communities be granted the same reservations and protections as Scheduled Castes (SCs) and Scheduled Tribes (STs). The commission also recommended that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, be extended to cover these communities.
Despite these recommendations, the implementation of reforms has been slow, and many denotified tribes still suffer from the stigma associated with their historical classification as criminals. Government and non-governmental organizations are working to improve the lives of these communities through education programs, employment initiatives, and social welfare schemes.
Conclusion: The Legacy of the Criminal Tribes Act
The Criminal Tribes Act of 1871 represents a dark chapter in the history of colonial India, where entire communities were criminalized based on their caste and way of life. Although the act was repealed after independence, its legacy of social exclusion continues to affect millions of people in India today. The denotified and nomadic tribes remain one of the most marginalized groups in the country, and efforts to address their socio-economic challenges are ongoing.
