Constitutional Recognition for Denotified Tribes (DNTs): Demand for Separate Census Column and End to “Criminal Tribe” Stigma
Denotified Tribes (DNTs) and Nomadic/Semi-Nomadic Tribes (NT/SNTs) in Northern India have renewed their demand for formal constitutional recognition and a separate column in the 2027 Census. Their core argument is simple but powerful: even after the Criminal Tribes Act (CTA), 1871 was repealed in 1952, the stigma of being “born criminals” continues through local policing practices, social discrimination, and the absence of a clear legal-constitutional identity.
For UPSC aspirants, this issue is directly relevant for GS-II (Social Justice, Governance) and also overlaps with GS-I (Indian Society) and GS-III (Internal Security) due to the link between DNTs and policing frameworks.
What are Denotified Tribes (DNTs)?
Denotified Tribes are communities that were once notified as “criminal tribes” under the Criminal Tribes Act, 1871, a colonial law that treated certain communities as hereditarily criminal.
Under this law:
- Entire communities were labelled as criminals by birth
- They were subjected to surveillance and movement restrictions
- Many were forced into settlement camps
- Police maintained registers and controlled their daily lives
When India repealed the CTA in 1952, these communities were “denotified”, hence the term DNTs.
However, repeal did not automatically mean social liberation.
The Central Problem: The Stigma Did Not End in 1952
Although the law was repealed, DNTs argue that:
- The “criminal” tag shifted from the law to society
- Many police manuals and local practices continued targeting them
- Stereotyping, profiling, and harassment remained common
- DNTs remained outside stable welfare frameworks
This creates what experts call a post-legal stigma — where a community is no longer criminal by law but remains criminal in perception.
Why DNTs are Demanding a Separate Column in the 2027 Census
1) No Accurate Population Data = No Targeted Policy
A major policy failure is the absence of reliable data.
Most DNTs are currently counted under:
- Scheduled Castes (SC)
- Scheduled Tribes (ST)
- Other Backward Classes (OBC)
- Or sometimes not clearly counted at all
Because of this scattered classification, the government does not have:
- A unified population estimate
- District-wise distribution
- Accurate literacy, health, and livelihood indicators
- Data on migration and nomadic patterns
A separate census column is being demanded to ensure:
- Visibility
- Targeted budgeting
- Dedicated welfare planning
- Evidence-based inclusion
The “Classification Gap”: Why Current Categories Don’t Work
This is one of the most important analytical points for GS-II answers.
DNTs are “diluted” inside larger reservation categories
Even if DNTs are listed as SC/OBC/ST in different states, they face:
- Competition with more dominant groups in the same category
- Poor access to political representation
- Weak community institutions
- Lack of documentation and certificates
- Nomadic lifestyle barriers
As a result, they often remain:
- Underrepresented in education and jobs
- Undercounted in welfare schemes
- Under-protected from discrimination
This is why DNTs call their position a “no man’s land” of classification.
Historical Background: Criminal Tribes Act, 1871
The CTA was introduced by the British colonial government to:
- Control mobile and nomadic communities
- Prevent resistance and rebellion
- Provide cheap labour and ensure surveillance
It was based on the colonial belief that some communities were:
- Naturally criminal
- Unfit for settled society
- Inherently dangerous
This was not a normal criminal law—it was a law against communities, not individuals.
Repeal in 1952: Denotification and the Habitual Offenders Framework
After independence:
- The Criminal Tribes Act was repealed in 1952
- Communities were “denotified”
However, many states introduced laws like:
- Habitual Offenders Acts
Critics argue that these laws often became a continuation of colonial policing, because:
- DNTs were frequently targeted as “habitual offenders.”
- The policing logic remained community-based in practice
- Social bias remained unchanged
Thus, DNTs remained vulnerable to surveillance and profiling.
Why Constitutional Recognition is Being Demanded
DNT groups are asking for constitutional recognition similar to SCs and STs.
Their argument:
- SCs and STs have explicit constitutional safeguards
- DNTs, despite extreme marginalisation, do not
- Their unique historical injustice is not acknowledged in the Constitution
They want recognition because:
- It gives legal clarity
- It ensures policy continuity across governments
- It allows targeted welfare without “category confusion.”
- It strengthens anti-discrimination protection
Commission Recommendations: Renke (2008) and Idate (2018)
For UPSC, these are must-mention commissions.
1) Renke Commission (2008)
It examined the condition of:
- Denotified Tribes
- Nomadic Tribes
- Semi-Nomadic Tribes
Key emphasis:
- DNTs are among the most marginalised communities
- They suffer from homelessness, lack of documents, low literacy
- Need for dedicated welfare mechanisms
2) Idate Commission (2018)
The Idate Commission gave more structured recommendations, including:
- A stronger institutional framework for DNTs/NTs
- Separate identity recognition
- Improved enumeration and data collection
- Targeted education and livelihood support
- A permanent commission for monitoring
Both commissions broadly supported the idea that DNTs require:
- A special approach, not fragmented inclusion
Government Response: SEED Scheme for DNTs
The Ministry of Social Justice and Empowerment runs a key scheme:
SEED (Scheme for Economic Empowerment of DNTs)
It focuses on:
- Health insurance coverage
- Coaching for competitive exams
- Livelihood support
- Housing assistance
- Skill development
But the major limitation:
Without accurate census and population data, SEED struggles with:
- Identifying beneficiaries
- Preventing exclusion errors
- Allocating resources fairly
- Tracking impact
This is why the 2027 Census demand becomes critical.
The Constitutional Debate: Article 342A vs New Provision
This is a high-quality GS-II analytical angle.
Option 1: Use existing constitutional frameworks
Some argue DNTs can be accommodated through:
- SC list (Article 341)
- ST list (Article 342)
- OBC list via Article 342A
But this approach keeps DNTs scattered.
Option 2: A new constitutional provision or separate schedule
DNT groups and some experts argue for:
- A separate constitutional schedule for DNTs
- A new legal identity acknowledging historical injustice
- Protection of nomadic heritage and mobility rights
This would create a distinct category with:
- Separate enumeration
- Dedicated welfare planning
- Focused representation mechanisms
However, it requires:
- Constitutional amendment
- Political consensus
- Clear criteria to identify communities
Why This Issue Matters for Governance and Social Justice (GS-II)
1) Human dignity and constitutional morality
The continued stigma violates:
- Right to equality (Article 14)
- Protection against discrimination (Article 15)
- Right to life with dignity (Article 21)
2) Welfare delivery failure
DNTs face unique barriers:
- No permanent address
- Lack of Aadhaar, ration cards, caste certificates
- Migration and seasonal movement
- Exclusion from school systems and health systems
3) Federal complexity
DNT classification varies by state, creating:
- Unequal access to reservations
- Policy inconsistency
- Confusion in implementation
Prelims Fact: Vimukti Diwas
A key factual point for Prelims:
31st August is observed as “Vimukti Diwas” by DNT communities, marking the day they were officially denotified after the repeal of the Criminal Tribes Act.
Challenges in Implementing DNT Recognition
Even if constitutional recognition is granted, implementation will face:
1) Identification and verification
- Who qualifies as DNT?
- How to standardise lists across states?
2) Census enumeration difficulties
- Nomadic lifestyle makes enumeration difficult
- Many are not located in fixed households
3) Overlap with SC/ST/OBC
- Some DNTs already benefit from SC/ST/OBC status
- A new category must avoid welfare duplication or exclusion
4) Risk of bureaucratic delays
- Certificate issuance and verification could become another barrier
Way Forward: What a Balanced Policy Approach Could Look Like
A practical approach could include:
- Separate Census Column in 2027 for DNT/NT/SNT
- Nationwide standard list with state-wise mapping
- Permanent National Commission with statutory powers
- Stronger implementation of SEED with district-level tracking
- Legal safeguards against profiling and discrimination
- Welfare delivery designed for mobility:
- portable ration
- mobile schooling support
- healthcare access without address dependency
Conclusion
The demand for constitutional recognition for Denotified Tribes and a separate 2027 Census column reflects a deeper truth about Indian democracy: legal repeal does not automatically erase social prejudice.
DNTs continue to face the historical burden of colonial criminalisation, not because the law exists, but because its stigma survives in institutions and society. For India to fulfill its constitutional promise of equality and dignity, DNTs require not only welfare schemes but also formal recognition, accurate enumeration, and targeted safeguards.
FAQs
Q1. Who are Denotified Tribes (DNTs)?
DNTs are communities that were once labelled as “criminal tribes” under the Criminal Tribes Act, 1871, and were denotified after the law was repealed in 1952.
Q2. Why are DNTs demanding a separate column in the 2027 Census?
Because DNTs are currently scattered across SC/ST/OBC categories, leading to poor population data and weak targeted welfare delivery.
Q3. What is the Criminal Tribes Act, 1871?
It was a colonial law that declared certain communities as criminal by birth and subjected them to surveillance, restrictions, and forced settlement.
Q4. What is the main issue faced by DNTs today?
Even after repeal of the law, DNTs continue to face social stigma, police profiling, and exclusion from welfare due to unclear classification.
Q5. What did the Renke Commission (2008) recommend?
It highlighted the extreme marginalisation of DNTs/NTs and recommended dedicated welfare measures and institutional support.
Q6. What was the focus of the Idate Commission (2018)?
It recommended stronger policy frameworks, better enumeration, and institutional mechanisms for DNTs, including the need for a permanent commission.
Q7. What is the SEED scheme for DNTs?
SEED is the Scheme for Economic Empowerment of DNTs, offering health insurance, coaching, livelihood support, and housing assistance.
Q8. What is Vimukti Diwas?
31st August is observed as Vimukti Diwas to mark the denotification of DNT communities after the repeal of the Criminal Tribes Act.
Q9. What is the constitutional debate around DNT recognition?
The debate is whether DNTs should be accommodated under Article 342A (OBC) or whether a new constitutional provision/schedule is needed.
Q10. Which UPSC papers is this topic relevant for?
Primarily GS-II (Social Justice), also GS-I (Society) and GS-III (Internal Security and governance issues).
