Habitual Offender Laws and Their Impact in India

Source: The post Habitual Offender Laws and Their Impact in India has been created, based on the article “How do habitual offender laws discriminate?” published in “The Hindu” on 21 March 2025. Habitual Offender Laws and Their Impact in India.

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The Supreme Court of India recently questioned the constitutionality of “habitual offender” laws, citing their misuse against denotified tribes. Despite this, the Union government revealed in March 2025 that such laws still exist in 14 States and Union Territories, prompting fresh debate on their relevance.

Historical Background of Habitual Offender Laws

1. Colonial Roots: The practice of criminalizing certain communities in India began with British Regulation XXII in 1793, allowing detention of tribes based solely on suspicion.
2. Legal Developments: This led to the Indian Penal Code (1860) and the Criminal Procedure Code (1861), which facilitated the registration of “dacoits and thugs.”
3. Institutionalization: The Criminal Tribes Act (CTA) of 1871 labeled specific tribes as criminal, affecting numerous communities.
4. Post-Independence Changes: Following the 1949-50 Criminal Tribes Act Enquiry Committee’s recommendations, the CTA was repealed in 1952.
5. State Laws: States then introduced habitual offender laws that shifted focus to individuals’ convictions but continued to harbor biases against denotified tribes.

Nature and Use of the Habitual Offender Laws

1. Definition and Impact: Defined by past criminal convictions, these laws include crimes such as dacoity, earning from prostitution, and lurking, perpetuating stigma against denotified tribes.
2. Bias and Misuse: Often equating former “criminal tribes” with habitual offenders, these laws enable police and societal discrimination, highlighted by the death of Budhan Sabar in 1998.

Current Status of HO Laws in States

1. Repeals and Non-Use: Haryana has repealed its law; Punjab and Odisha report no recent use.
2. Continued Application: Gujarat and Goa defend the law, citing non-malicious intent and lack of denotified tribes, respectively.
3. Alternative Legislation: Uttar Pradesh has incorporated habitual offender provisions into its Goondas Act.
4. According to 2022 National Crime Records Bureau data, Delhi has the highest proportion of convicts classified as habitual offenders at 21.5%.

Committee Observations and Recommendations

Several committees and commissions have studied the impact of HO laws:

1. Criminal Tribes Act Enquiry Committee (1949–50): Recommended repealing the CTA and called for a new law not based on caste or birth.
2. Lokur Committee (1965): Described DNTs as having “anti-social heritage,” reinforcing stigma.
3. B.S. Renke Commission (2008): Highlighted the negative effects of HO laws on DNT, NT, and SNT communities.
4. Virginius Xaxa Committee (2014): Noted that the stigma of criminality still persists because CTA was replaced by similar HO laws.
5. Bhiku Ramji Idate Commission (2017): Traced the colonial origins of these laws and criticised their continued misuse.

Supreme Court’s Observations

In October 2024, the Supreme Court, while hearing a case on caste-based discrimination in prisons, observed that HO laws have been used to unfairly target DNTs. It declared such classification “constitutionally suspect” and urged States to reconsider their continuation.

Conclusion

Despite long-standing concerns and critical observations from both the judiciary and various committees, habitual offender laws remain in force across several Indian states. This ongoing issue underscores the urgent need for legal reform to eliminate systemic bias against denotified and nomadic tribes.

Question for practice

Examine how habitual offender laws have evolved over time and their multifaceted impact on denotified tribes in India.