Sunday, November 11, 2012

INDIANS PARADOX OF BRITISH INDIAN CONSTITUTION IS DECEPTIVE IN WITH DRAWAL OF CRIMINAL TRIBES ACT , 1871 CREATED FOR SUPPRESSIONS OF REBELLIONS AND SUPERIMPOSED HABITUAL OFFENDER ACT FOR VICTIMISATION UPON MOST OPPRESSED CLASS

B COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION RANDED BORNCRIMINALS:
RACIAL ABUSES AGAINST DENOTIFIED AND NOMADIC TRIBES IN INDIA INFORMATION FOR THE CONSIDERATION IN REVIEWING IN  INDIA In 1952  the Indian Government withdrew the Criminal Tribes Act of 1871 throughout India and enacted Habitual Offender’s Act.
The Resist Initiative International, a south asian human rights and
democracy organization is extremely concerned by the failure of the
Indian Government to safeguard the rights of Denotified and Nomadic
Tribes (DNTs). It is an impossible notion to claim that a person can be
born a criminal however DNTs are being branded at birth. The notion that
these people are criminals from birth is so embedded in Indian society
that harassment, racial discrimination, and prejudice seem to be standard
practice without any accountability or justice being taken. There are laws
to protect DNTs against persecution on the basis of their ethnic group
but these are not being enforced.
History of so-called born criminals in India
The social category generally known as the Denotified and Nomadic
tribes of India covers a population approximately of 60 million. Some of
them are included in the list of Scheduled castes, some others in the
Scheduled Tribes, and quite a few in Other Backward Classes. But there
are many of these tribes, which find place in none of the above. What is
common to all these DNTs is the fate of being branded as 'born'
criminals.
The Denotified and Nomadic tribes make up about 60 million of India’s
population. There are 313 Nomadic Tribes and 198 Denotified Tribes.
The names of the Denotified tribes in the state of Maharashtra, some of
which are featured in this report, are Berad, Bestar, Bhatma, Kaikadi,
Kankarbhat, Katabu, Lamani, Phase-Pardhi, Raj-Pardhi, Rajput-Bhatma,
Ramoshi, Vadar, Waghari and Chhapparbandh. The Nomadic Tribes:
Bawa, Beldar, Bharadi, Bhute, Chalwadi, Chitrakathi, Garudi, Ghisadi,
Golla, Gondhali, Gopal, Helwe, Joshi, Kasi-Kapadi, Kolhati, Mairal, Masan-
Jogi, Nandi-Wale, Pangul, Raval, Shikalgar, Thakar, Vaidu, Vasudeo1.
1 Motiraj Rathod (200) ‘Denotified and Nomadic Tribes in Maharashtra’.
Traditionally the tribes wander and therefore have not integrated into
Indian society, as well as being a tradition it is also due to the tribes not
having any livelihood production.
India’s Draft National Policy in Tribals does not include Denotified or
Nomadic Tribes. The term ‘Criminal Tribes’ originates from the British
colonial times. The British initiated the Criminal Tribes Act in 1871,
referring to around 150 tribes for their so-called “criminal tendencies,”
giving the police wide powers to arrest them, control, and monitor their
movements. The law in effect was that anyone born into one of the tribes,
under this act, was seen as a criminal.
In 1952, the Indian Government withdrew the Criminal Tribes Act of
1871 throughout India and enacted Habitual Offender’s Act. Both the
Criminal Tribes Act and the Habitual Offender's Act negate the universally
proclaimed principle that "all human beings are born free and equal". The
listing of these Denotified and Nomadic under the Habitual Offender’s Act
also negates the principle of the criminal justice system – innocent until
proven guilty.
There is no political will to eradicate such on going racism and violations
of the tribal people and therefore any initiatives to do so have no success.
In the Five Year plan to rehabilitate the Denotified Tribes, the Indian
Planning Commission made a stipulation of Rs. 3.5 crores to insure the
resettlement of ex-criminal tribes and programs to assist them in
integrating into Indian community life. Since the first Five Year plan there
have been three more similar attempts to rehabilitate the tribes. However,
the racist approaches to these initiatives continue and the outcomes have
inevitability not been successful.
In the late 1990s, the government moved to abolish the Habitual
Offenders Acts. The judiciary reviewed the custodial death cases of
Budhan Sabar in West Bengal and Pinya Hari Kale in Maharashtra. In
landmark judgments, the judges found the police guilty, punished
responsible police officers, and awarded compensation to survivors.2
Although a significant incident for accountability by the State, it did not
become a turning point in the lives of the DNT’s. The decision did not
change the attitude of the forces or the administration and no equality or
respect for the DNTs were shown by society as remains today.
The Telegraph in July 31, 1998 reported on the reasoning behind the lack
of progress on integrating the DNTs : "Madhya Pradesh Chief Minister
Digvijay Singh today expressed concern over a series of recent robberies
in Madhya Pradesh by Pardhi tribals, identified as having criminal
antecedents. These tribes [sic ], listed as criminal ethnic groups, have
defied the efforts of the government to rehabilitate them. The CM said
state projects to provide these people with education did not have any
impact on their criminal instincts. Pardhis have "criminal antecedents,"
are "listed as [a] criminal ethnic group," and nothing the state does seems
able to change "their criminal instincts." This article shows the brutality,
racism, and prejudice towards the DNTs remains part of Indian culture.
The residual effects of 1871 Criminal Tribes Act are manifested in the
wide range of atrocities perpetrated on members of these so-called
“criminal” tribes by those whose prejudice has not subsided. Deep-seated
discrimination has led to various types of horrific treatment of many of
these tribes in different parts of the country. Many tribes booked under
this Act are without the knowledge or awareness that the destruction of
their lives and the situation they are in is due to the State and the nontribal
people.
Between 1979 and 1982, forty-two Lodha were mob-lynched without
suspicion of crime but based on their tribal identity. Police have yet to
take any action on any of the cases.
Abuses against Denotified and Nomadic Tribes.
On January 30th 2007, the Forum for Fact-Finding and Advocacy filed a
petition to National Human Rights Commission. Deba Paharia, was
allegedly murdered in a remote village on January 6, 2007. In response,
several men and 3 ladies were arrested and taken to Sundarpahar police
station in Jharkhand on January 9 (the police contest this date and
claimed that the arrests occurred on January 11). The men were allegedly
physically assaulted, and witnesses confirm that there were tell-tale
marks of police brutality on their bodies. The three female victims (all
aged between 28 and 31) claim that they were illegally detained, and that
during that detention they were subjected to torture, rape, that they were
stripped and paraded naked around the police station, and that the police
stole Rs.120 from them. The victims have identified the perpetrators as
the officer-in-charge, Dipnarayan Mandel and another officer, Mahadev
Oraon.
In 2006, the Government of Jharkhand initiated a scheme to form an
armed police battalion comprising of primitive tribes. It was allegedly an
attempt to rehabilitate the Paharias, one of the nine primitive tribes in
Jharkland. It appeared to be a battalion of a special police force. Out of
the 1.92 lakh primitive tribe population in the state, comprising as many
as nine groups, as many as one lakh happen to be Paharias. Among all
the primitive tribes in the state, there are only 101 graduates, according
to welfare department officials3. Although supposedly a rehabilitation
initiative, it derives from the fundamental basis of discrimination that
these tribes were born with criminals or with criminal attributes. The
Forum for Fact-Finding and Advocacy filed a complaint to the National
Human Rights Commission on this issue. Without providing a chance for
defending the case to Forum for Fact-finding Documentation and
Advocacy, National Human Rights Commission dismissed the complaint.
It is against the principle of cardinal principle of natural justice. The
Government of India permitted the State Government of Jharkhand to
form the tribal battalion on the basis of their ethnicity.
According to the Indian Confederation of Indigenous and Tribal People
(ICITP), 80 percent of the tribal populations live below the poverty level.
In 1998, the National Human Rights Commission established a panel to
investigate the condition of the country's 20 million denotified tribal
people. During 2000, the panel prepared a report for the National Human
Rights Commission on their condition, which recommended that the
Habitual Offenders Act, aimed at the denotified and nomadic tribes, be
repealed. At year's end, no action had been taken on this
recommendation. According to the ICITP, more than 40,000 tribal
women, mainly from Orissa and Bihar, have been forced into situations of
economic and sexual exploitation; many come from tribes that were
driven off the land by national park schemes. Special courts to hear
complaints of atrocities committed against tribal people were to have
been established under the Protection of Civil Rights Act, but this never
was accomplished4.
In September 2006, a Bhil woman was attacked and raped by a Madhya
Pradesh police officer while her brother-in-law was tied up and beaten
after trying to protest her rape. After in incident, on arrival at the police
station to report crime, the police harassed the pair and refused to file
their complaint. The situation erupted and subsequently other Bhil tribal
members, due to the inaction towards the perpetrators, fought with
police.
The Tribal Welfare Research Institute, a Jharkhand government
organisation, has undertaken an intensive survey of the Primitive Tribal
Groups. In their reports, it was found that the two Pahariya groups in
Pakur district have pledged for loans around 2,500 acres of precious
agricultural land. The official survey by the institute has revealed that out
of 22 districts, in 14 districts the Primitive Tribal Groups have taken loan
of over Rs 1.4 crore of which only Rs 64 lakh have been disbursed by the
banks. This loan amount was overwhelming especially when considering
that 80 per cent of the populations were making a living of less than Rs
600 per month. Only 1.09 per cent had an income of more than Rs 1,000.
They belonged to Korwa tribe living in Garhwa district5.
In 2003, the government in Jharkhand aimed to acquire tribal land from
the Paharias in order to pursue a coal-mining project in the region. The
project breeched the Land Acquisition Act and the Santhal Pargana
Tendency Act, would have deleterious effects for over 50,000 tribal
members.
In Madhya Pradesh, the impoverished status of many of the Bhil people
has resulted in the International Labor Organization finding that they
constitute a significant portion of bonded labor in the agricultural sector
there. In perhaps the most publicized of these cases, the threat of
submersion posed by the Narmada Valley damn project is borne primarily
by the Bhil tribe. They are the primary inhabitants of the and in the
Narmada Valley, having occupied it for centuries. The perception of the
Bhil’s as ‘criminal’ seems to render their rights unimportant in the eyes of
the government and private enterprises, which seek to benefit from
harnessing the resources of the region.
On August the 28th 2001 a Pardhi woman, after her sons were falsely
arrested, ignited herself in protest in court. This incident led to
merchants burning down over 100 homes belonging to Pardhi villagers.
These are only a few cases of violence and other atrocities that have been
committed against the “criminal” tribes of the Paharia, Lodha, Pardhi and
Bhil and other DNT’s. There are more on record, which date back to
before independence. The incidents demonstrating the difficulty many of
these tribal members face in filing reports with the police, suggest that
many more violations have occurred though have yet to be recorded.
There are 60 million “de-notified” tribal members who are ostracized and
victimized, particularly by the police. The number of cases recorded
however is only a small fraction.
Conclusion
DNT’s are distinguished in relation to their ancestry, their race - this
discrimination prejudices their benefit of many human rights – the right
to life, liberty and security, the right to equality before law, and the right
not to be discriminated against. It is also important that the specific
human right violations made by state authorities, including police,
against these tribes are accounted for by the State and the colonial view
that DNTs have “criminal tendencies” are not used to scapegoat these
victims or deny them justice to human right violations that they have
suffered. There is also the need for adopting policy measures and ending
the existing racial laws in India.
We respectfully ask the members of the Committee on the Elimination of
Racial Discrimination to raise these issues with the government of India
and ask concerted effort to end all racial discrimination against the
Denotified and Nomadic Tribes by ensuring its commitment to
international human rights standard and principles.

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