SC on habitual offender
The Supreme Court questioned the "habitual offender" classification, deeming it "constitutionally suspect."
The SC noted that it was being used to target members of denotified tribes.
The Supreme court urged states to review the necessity of these laws.
The SC said that prison manuals that link habitual offenders to denotified tribes is unacceptable.
What is the origin of the ‘habitual offender’ classification?
The classification began with colonial-era laws, including the Criminal Tribes Act of 1871.
These laws initially targeted entire communities, labeling them as "criminal tribes."
After independence, the Criminal Tribes Act was repealed, and "habitual offender" laws replaced it.
Even after the change, denotified tribes continued to be viewed with suspicion.
The first step in criminalizing communities was the Regulation XXII of 1793.
The criminal tribes act 1924, applied the criminal label to all of colonial India.
What were some of the crimes which made one a ‘habitual offender’?
Crimes included "being a thug," "belonging to a gang of dacoits," "living on the earnings of prostitution," and "lurking."
These laws led to the maintenance of registers and specific treatment of "habitual offenders" in prisons.
When did change start?
Outrage over Budhan Sabar's custodial death in 1998 led to the formation of advocacy groups and increased awareness.
The National Human Rights Commission (NHRC) and various national commissions recognized the adverse effects of these laws.
The United Nations Committee on the Elimination of Racial Discrimination also called for their repeal.
In 2020, Journalist Sukanya Santha's reporting and petition in the Supreme Court highlighted ongoing caste discrimination.
How have States reacted?
Some states, like Punjab and Odisha, claim they have not actively used the laws.
States like Goa and Gujarat have expressed a desire to continue using the laws.
Other states, such as Telangana and Uttar Pradesh, have provided varied justifications for retaining or not repealing the laws.
According to the NCRB, 1.9% of convicts are classified as habitual offenders, with Delhi having 21.5% of its convicts in that classification.
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