How do habitual offender laws discriminate?
(Source – The Hindu, International Edition – Page No. – 10)
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Topic: GS2 – Indian Polity – Judiciary, GS2 – Social Justice |
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Context |
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Current Status of Habitual Offender Laws in India
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As of March 11, 2025, the Government of India revealed that such laws are still in force in 14 States and Union Territories.
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Some States, like Punjab, have stopped using them, while others, like Haryana, have repealed them.
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Gujarat has defended the law, arguing that its intent is not to harass people.
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Some States, like Goa, claim they do not misuse the law because they do not have denotified tribes.
Historical Background
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The classification of communities as “criminal” began in 1793.
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The Criminal Tribes Act of 1871 labeled certain tribes as “criminal,” leading to widespread discrimination.
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The Act was repealed in 1952, and affected communities were reclassified as denotified, nomadic, and semi-nomadic tribes.
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Despite this, various States introduced “habitual offender” laws, focusing on individuals instead of entire communities.
Definition and Application
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A “habitual offender” is defined based on past criminal convictions.
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The law has been used to justify additional restrictions on individuals, including in jail manuals.
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Certain crimes, such as “belonging to a gang of dacoits” or “living on the earnings of prostitution,” have been included under these laws.
Concerns and Calls for Repeal
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Rights groups and commissions have criticized these laws for reinforcing discrimination.
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In 1998, a custodial death in West Bengal led to national outrage and calls for repeal.
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A UN committee in 2007 recommended the repeal of these laws.
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In 2014, a government committee noted that the “habitual offender” label continues the stigma of past criminal tribe laws.
State-Level Responses
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Punjab and Odisha have stopped using the law in the past five years.
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Andhra Pradesh has confirmed that no one in its jails is imprisoned under this law.
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Uttar Pradesh argues that similar provisions exist under the Goondas Act.
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Delhi has the highest proportion of “habitual offenders” in prisons at 21.5%.
Conclusion
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Despite Supreme Court concerns, some States defend the law, while others have discontinued its use.
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The government continues to discuss the issue with States, with no nationwide decision on repeal yet.
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Practice Question: Examine the constitutional concerns over India’s “habitual offender” laws and the varied responses of different states. (150 Words /10 marks) |
