Constitutional Silence And The Nomadic Question: A Critical Inquiry Into The Human Rights Of Nomadic And Denotified Communities In India
- IJLLR Journal
- May 17
- 2 min read
Tamizhkavi. B.V., LL.M, Ph.D., Research Scholar, The Tamil Nadu Dr Ambedkar Law University, Chennai
Madhumitha. E, B.A, LL.B., Erode College of Law
INTRODUCTION:
Denotified, Nomadic and Semi-Nomadic Tribes (DNT/NT/SNTs) are among the most marginalised communities in India. The Renke Commission estimated that these communities constitute nearly 10% of India’s population, comprising around 10–12 crore people, with more than 1,200 DNT/NT/SNT groups officially identified. Historically, they were criminalised under the Criminal Tribes Act and branded as “hereditary criminals” during colonial rule. Although the Act was repealed in 1952, the stigma and surveillance continue through Habitual Offenders laws and discriminatory practices. Despite constitutional guarantees under Articles 14, 15, 19, 21, and 46, these communities continue to face denial of identity documents, education, housing, healthcare, livelihood opportunities, and protection from arbitrary police action. The absence of separate census data and a comprehensive legal framework has further deepened their invisibility and exclusion from mainstream society. This research critically examines the constitutional and human rights status of NT/DNT communities through constitutional analysis, judicial interpretation, international human rights standards, and ground-level realities in India.
BACKGROUND OF THE STUDY:
India harbours one of the world's most complex mosaics of itinerant and semi-itinerant population groups, broadly classified as Nomadic Tribes (NTs) and Denotified Tribes (DNTs). These communities—numbering approximately 150 million people across 1,500 distinct groups—have traversed the Indian subcontinent for centuries, sustaining livelihoods through traditional crafts, performing arts, animal husbandry, trade, and seasonal agriculture. The colonial encounter proved catastrophically transformative for these communities. The Criminal Tribes Act, 1871 (CTA), enacted by the British colonial administration under Lieutenant Governor Sir Henry Davies, branded entire communities as 'born criminals', imposing systematic surveillance, forced settlement, and restrictions on free movement. The CTA was amended in 1876, 1897, and 1911 to expand its ambit, eventually covering over 160 communities across British India. This legislation represented one of the most egregious exercises of collective criminalisation in legal history, targeting communities not for acts committed but for inherited identity. Post-Independence India formally repealed the CTA through the Criminal Tribes Laws (Repeal) Act, 1952, 'denotifying' these communities—hence the appellation 'Denotified Tribes.' However, the Habitual Offenders Acts enacted by several State governments, including Andhra Pradesh (1948), Bombay (1959), Karnataka (1961), Tamil Nadu (1948), and Rajasthan (1954), perpetuated the colonial logic of criminalisation by targeting persons deemed habitually prone to offending.
