Murdered with no moral restraint

Nobody's People (Stanford University Press, 2020) takes us into the world of the Kanjars, often considered thieves. Introducing us to wily policemen, quirky aristocrats, and resourceful goddesses, the author shows that hierarchy is a potent normative idiom through which Kanjars imagine better lives and pursue social ambitions. A community once patronized secretly by aristocrats and now precariously in the service of farmers and the police, Kanjars try and fail repeatedly to find a way into hierarchic relations rather than out of them. In a world where to be is to belong, they are nobody's people, those who can be murdered with no moral restraint or remorse. Following Kanjars on their journey between death and hope, Anastasia Piliavsky invites readers to see in hierarchy-not inequality-a viable ethical frame instead of an archaic system of subjugation.

Denotified 68 Years Ago, ‘Criminal’ Tribes Still Fight Stigma, Poverty

August 31 is celebrated as Liberation Day by Denotified Nomadic Tribes across India, but real freedom stays far-fetched as social stigma and systemic discrimination continue to affect people belonging to such tribes, says Imaad ul Hasan in Outlook (Aug 30, 2020). 

Still from 61st National Award-winning film ‘The Lost Behrupiya’ 
by Sriram Dalton

“There is a stereotype against Denotified Nomadic Tribes (DNTs) in police, media, society and even some judges. Every member of this community is considered a criminal by the virtue of birth and this stigma continues till they die,” says Sudam Rathore, a PhD research scholar from Laman Banjara tribe of Maharashtra.

Sudam is currently teaching in a tribal area of Dhindori in Nashik district. While talking about the institutional bias towards DNTs, he referred to a 2019 Supreme Court’s judgment.

In March last year, the Supreme Court had set aside its own 2009 judgment and set six convicts free, who were earlier sent to death row. It was a first of its kind ruling. They were convicted by multiple courts - including the Apex Court- in a famous rape and multiple murder case of Nashik district. The Supreme Court said the six men were falsely implicated and roped in by the police. All six of them, who spent 16 years in jail for a crime they never committed, belonged to the nomadic tribes formerly declared as ‘born criminals’.

Prominent and educated persons in law enforcement and government have also shown to have a bias against the DNTs, one example being former IPS officer and present Lieutenant Governor of Puducherry, Kiran Bedi. Bedi’s controversial tweet calling people from ex-criminal tribes as "hardcore professionals in committing crimes" came after police named Bawarias in Bulandshahr rape incident. She later apologised after protests. 

In 2007, the UN Committee on Elimination of Racial Discrimination (CERD) asked the Indian government to repeal the Habitual Offenders Act and affectively rehabilitate them. In its concluding observation, it expressed concern and stated that “the so-called denotified and nomadic, which are listed for their alleged ‘criminal tendencies’ under the former Criminal Tribes Act (1871), continue to be stigmatized under the Habitual Offenders Act (1852) (art. 2 (1) ) ©).”

The Kanjars revisited

'White as Milk and Rice' (Penguin, 240 pp, Rs. 399, 2020) is a latest book on six isolated tribes which also features 'Kanjars', and reiterates that the replacement of the Criminal Tribes Act with the Habitual Offenders Act, 1952 has re-stigmatized their marginal existence.

Author Nidhi Dugar Kundalia suggests that 'they may not be nomads any more, but they can't break the habit of keeping things close in case they need to run.' Pandits sprinkle water from the Ganga when they pass by; other men and women protest when their encampment is too close to the village, often destroying the Kanjar's homes or burning them down; even the poorest Chamars refuse to take work from them. They are subjected to headcounts on account of their being considered habitual offenders by the state, or their settlements are made close to the police station. Often, the members of such tribes become easy replacements for criminals whom the policy fail to apprehend.

It is easy then for them to be trapped in the soul-killing, gravitational pull of the judicial system; survival then becomes a daily hustle and their relationships with neighbours and society are coarsened and befouled by that hustle.  

Need it be said that the country attained independence, but not the hapless Kanjars.    

Tagging some tribes as 'Criminal' is linked to power dynamics

(Dr) Poulami Sarkar
University of Mumbai

While there is general consensus about the fact that “criminal tribe” was a stereotypical category created by the British, it has also been argued that this categorisation has its basis in India’s ancient past. A close examination of ancient Indian scriptures and colonial archival texts reveals how both had very different views about the so-called “criminal tribes,” which in turn affected the ways in which power hierarchies were constructed and maintained. Poulami Sarker, a Ph.D scholar at the University of Mumbai, provides incisive insights on the phenomenon through history in her paper published in the Economic & Political Weekly, Vol. 54, Issue No. 16, 20 Apr, 2019.

She concludes: "In Western eyes, they remained as superstitious, magic-prone people, who did not believe in god, but the bloodthirsty goddess. In the British period, the mechanisms of power were engaged to transform such groups from within. The fundamental difference in the treatment of the so-called criminal tribes in the three major historical phases was that the ancient and the medieval rulers set them free but restricted their movement in civil areas and maintained their presence in combative forces in times of necessity, but in the colonial period, the British targeted certain communities and made an effort to transform the so-called criminal tribes, to subordinate them in the name of labour mobilisation".

The question that is worth exploring is: why have some tribes continued to be remain tagged as 'criminal' ?   

India must scrap the law that tags some tribes as hereditary criminals

Sudhirendar Sharma

Over the last few months, there has been a lot of discussion and debate in India on the fate of the Rohingyas of Myanmar, who are facing State oppression. The NDA government at the Centre has argued that it wants to send the members of this community back to Myanmar because it wants to protect the fundamental rights of Indian citizens. Human rights activists opposed this view, saying that the law is clear on the issue: India cannot deport the Rohingyas.

While we discuss the fate of the Rohingyas, let’s not forget the plight of certain tribes in this country who have been facing persecution since British times. Even under the Indian government, they are oppressed and have never been granted fundamental rights.

Following the 1857 mutiny, 237 castes and tribes were given the criminal-by-birth tag under the ambit of the Criminal Tribes Act, 1931. After Independence, the Indian government replaced this Act with the Habitual Offenders Act, 1952. But far from improving their lives, the new Act only re-stigmatised the marginalised tribes.

Today several variants of ‘criminal’ tribes such as the Pardhis, Kanjars, Ramoshis, and Vanjaris continue to remain outside the reach of affirmative State action. Stripped of their fundamental right to justice, equality, and freedom, these tribes live in fear of the authorities. They are often subjected to headcounts on account of their being considered habitual offenders by the State. Quite often, the members of such tribes become easy replacements for criminals whom the police fail to apprehend.

India is perhaps the only country that continues with this Orientalist notion of tagging tribes as hereditary criminals. The Centre has constituted a National Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNT) to specify the economic interventions required for raising their living standards through asset creation and self-employment opportunities. The panel is expected to submit its final report in 2018.

The National Human Rights Commission has recommended the repeal of the Habitual Offenders Act, 1952. In March 2007, the UN’s Committee on the Elimination of Racial Discrimination said: “The so-called de-notified and nomadic people which are listed for their alleged ‘criminal tendencies’ under the former Criminal Tribes Act (1871), continue to be stigmatised under the Habitual Offenders…,” and asked India to repeal the Habitual Offenders Act and rehabilitate the de-notified and nomadic tribes.

Sadly, there has been no movement on the issue. Since protecting fundamental rights is a moral obligation of the State, classifying all members of a tribe, including the newborn, as criminals is out of consonance with all principles of democracy and justice.

(First published in The Hindustan Times dated Nov 6, 2017), and a detailed version was published in Deccan Herald dated Dec 3, 2017. 

Social status 'denotified'

Vijay Korra
Centre for Economic & Social Studies
Hyderabad

It is estimated that there are about 801 denotified, nomadic and semi-nomadic tribes in the country, comprising a population of approximately 13.5 crore people .Of these, 22 tribes are included in the list of Scheduled Castes (SC), 27 in Scheduled Tribes (ST), and 421 tribes, numbering 2.2 crore people, as Other Backward Classes (OBC). Yet a sizeable number of communities (227 tribes consisting nearly 56 lakh people) have not made it to any of the above lists and thus, remain outside the reach of affirmative action. A large number of semi-nomadic tribes are placed in the OBC category. The population of DNTs alone would be around 10 crore.

A study by Vijay Korra* clearly reveals that DNTs of undivided Andhra Pradesh are seriously plagued by poverty, lack of basic amenities, resources like land, and dispossession from legal entitlements such as caste certificates, job cards and ration cards. Therefore, the study suggests that concerned governments must pay attention to the problems of DNTs and thus can make targeted policies and required budgetary allocations for their welfare and overall development.

Source: *Status of Denotified Tribes by Vijay Korra, Economic & Political Weekly, Sep 9, 2017.

Well begun, half done

Rohit Gupta

Having gone through your blog, I must compliment you on the good work you have done among the community. I agree with your assessment of the problems facing the community and the solutions proposed. In fact, we have been able to make significant inroads in last two-three years. As a first case of its kind in Rajasthan, we have trained 40 kanjars for security guard in police training school in Jhalwar. Some of these security guards have been deployed in local private enterprises, district hospital etc, giving the community much needed entry into mainstream and social recognition. We also recognized that poor education was keeping most of the kanjar youths unemployed. We therefore held three month classes this year in local police thana. 48 kanjar youths have passed class eighth exam as a result this year, some of whom had dropped out of schools 15 years ago. We now are trying to arrange for driving lessons, so that they can obtain the license and get employment as drivers in the local mining industry.

Rohit Gupta, IAS 

District Collector,

Jhalawar, Rajasthan