Habitual Offender Laws in India: A Legacy of Criminalization

Context

A habitual offender is a person repeatedly convicted of crimes. Historically, laws like the Criminal Tribes Act (1871) targeted entire communities. Though repealed in 1952, similar state-level laws persist. The Supreme Court (2024) has questioned their constitutional validity.

Current Status

• NCRB 2022: 1.9% of 1.29 lakh convicts classified as habitual offenders.

• Delhi (21.5%) has the highest proportion.

Historical Evolution

• 1793: British granted powers to imprison communities based on suspicion.

• 1860-61: Registers for “dacoits and thugs” led to the Criminal Tribes Act (1871).

• 1924: Law extended across India, increasing criminalized communities.

• 1952: Repeal of CTA, affected groups classified as Denotified Tribes (DNTs).

State-Level Habitual Offender Laws

• Despite repeal, laws like Madras Act (1948) were adopted by multiple states (Rajasthan, Karnataka, UP, etc.).

• Shifted focus to conviction-based classification but continued to stigmatize communities.

Current Legal Status

• 14+ states/UTs enforce these laws, including Gujarat, UP, Goa, Delhi.

• Punjab, Andhra Pradesh, Odisha claim laws are redundant.

• 9 states (WB, Assam, Bihar, etc.) never enacted them.

• Haryana, Ladakh repealed them.

Supreme Court (2024) Verdict

• Calls the law “constitutionally suspect”, citing vague definitions and bias against DNTs.

• Asks states to reconsider its necessity.

Way Forward

• Review relevance of these laws.

• Shift to individual-based policing, not community stigma.

• Rehabilitate offenders instead of over-policing.

• Train police to prevent discrimination.

Calls for Repeal

• NHRC (2000), UN (2007), B.S. Renke Report (2008), Xaxa Committee (2014) all recommended abolishing habitual offender laws.

Conclusion

These laws perpetuate discrimination and violate constitutional rights. India must repeal or reform them to ensure justice.