After Reading This Article You Can Solve This UPSC Mains Model Question:
Analyse the socio-economic and legal challenges faced by Denotified, Nomadic and Semi-Nomadic Tribes (DNTs) in India. Suggest suitable measures to address these issues. (250 words) (GS-2, Social Justice)
Context
- The Ministry of Social Justice and Empowerment has recently assured leaders of the Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs) that their communities will be enumerated in the second phase of the Census 2027.
- The move follows decades of demand for a “separate Census column” to address the statistical invisibility of over 10 crore people.
- Its primary aim is to rectify historical marginalisation by enabling constitutional recognition comparable to SCs, STs, and OBCs.
- While the Office of the Registrar General of India has agreed in principle, the absence of a distinct constitutional category remains a key concern for these communities.
Who are Denotified Tribes (DNTs) in India?
- Denotified, Nomadic and Semi-Nomadic Tribes (DNTs) are communities that were once branded as “criminal tribes” by British administrators, who believed that certain communities were inherently “addicted” to crime.
- Nomadic Tribes (NTs): These communities follow a mobile lifestyle, periodically shifting locations without permanent settlements to sustain livelihoods through pastoralism, trade, or traditional services (e.g., Banjara, Rabari).
- Semi-Nomadic Tribes (SNTs): Such groups combine seasonal migration with partial settlement, often practising transhumance—maintaining a base while moving livestock seasonally (e.g., Gaddi, Maldharis).
Historical Background: Evolution of Denotified Tribes (DNTs) in India
- Criminal Tribes Act (CTA), 1871: Enacted in 1871, the CTA enabled the registration, surveillance, and control of certain communities, labelling them as “criminal tribes” habitually involved in non-bailable offences. Colonial authorities justified this by linking criminality to caste, portraying it as hereditary.
- Denotification after Independence (1952): In 1952, the Government of India repealed the CTA on the recommendation of the Ayyangar Committee (1949). Previously notified groups were officially “denotified,” giving rise to the term Denotified Tribes (DNTs).
- Habitual Offender Laws: Despite repeal, several States enacted Habitual Offender laws (1952), which, though removing the hereditary label, continued surveillance and targeting of these communities.
- Continuing Marginalisation: Although the legal “criminal tribe” tag was abolished, structural stigma, policing bias, and social exclusion persisted long after Independence.
History of Enumeration of Denotified Tribes (DNTs) in India
- Early Census Classification (1871–1931): Although the Criminal Tribes Act (CTA), 1871 and synchronous Censuses began together, communities were explicitly recorded as “criminal tribes” from 1911 onwards. The 1911 and 1931 Census reports enumerated them separately, with 1931 being the last Census to do so.
- Post-Independence Discontinuation (1952): Following the repeal of the CTA and formal denotification, separate enumeration ended. The Republic adopted the position that caste-based enumeration would be limited to Scheduled Castes (SCs) and Scheduled Tribes (STs), leaving DNTs without distinct statistical recognition.
- Early Institutional Measures (1949 onwards): The Ayyangar Commission (1949) examined their condition. After 1952, several communities were listed as “Vimukt Jatis” under Backward Classes, and over time, most were absorbed into SC, ST, or OBC categories.
- Lokur Committee (1965): Recommended treating denotified and nomadic groups as a distinct category for targeted development.
- Civil Society and Commissions (1998 onwards): In 1998, Mahasweta Devi and G.N. Devy formed Denotified, Nomadic and Semi-Nomadic Tribes – Rights Action Group (DNT-RAG), which led to the creation of a Technical Advisory Group and subsequently the first National Commission for DNTs, chaired by B.S. Renke (Report, 2008). A second Commission under Bhiku Ramji Idate submitted its report in 2017. Both stressed that accurate identification and classification require a dedicated Census enumeration.
- Pending NITI Aayog-Commissioned Study: A NITI Aayog-commissioned study by the Anthropological Survey of India recommended classification for these groups, but the report has not been implemented and remains pending.
Key Recommendations of Idate Commission on DNTs
The Bhiku Ramji Idate Commission was established to examine the status of DNTs. Key findings and suggestions included:
- Identification of Communities: Recognition of nearly 1,200 communities as Denotified, Nomadic and Semi-Nomadic Tribes (DNTs, NTs, SNTs), with about 267–268 communities found to be outside any constitutional category (SC/ST/OBC).
- Constitutional Amendment Proposal: Recommendation to introduce a third Schedule titled “Scheduled Denotified, Nomadic and Semi-Nomadic Tribes”, alongside SCs and STs, to ensure dedicated constitutional safeguards.
- Permanent National Commission: Proposal to establish a permanent National Commission for DNTs, NTs and SNTs, replacing ad-hoc bodies, to oversee policy implementation and welfare measures.
- Extension of PoA Act: Suggestion to extend the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to DNT/NT/SNT communities through inclusion in a separate schedule, ensuring protection from violence and discrimination.
- Sub-Classification within DNTs: Emphasis on sub-classification to address “graded backwardness” among settled and nomadic groups, in line with evolving Supreme Court jurisprudence on internal categorisation within reserved classes.
Significance of Separate Classification for DNTs
- Addressing Data Deficit: A dedicated Census entry would eliminate long-standing statistical invisibility, enabling accurate data collection for informed and region-specific policy formulation.
- Robust Legal Backing: Explicit constitutional recognition would strengthen the foundation for targeted affirmative action, scholarships, welfare measures, and protective safeguards for DNT/NT/SNT communities.
- Equitable Internal Prioritisation: Sub-classification within DNTs would help identify and prioritise the most marginalised nomadic and semi-nomadic groups, reflecting the concept of “graded backwardness” upheld by the Supreme Court.
- Improved Governance Outcomes: Formal classification would streamline certification processes, enhance policy oversight, and promote more transparent and need-based resource distribution.
Key Challenges Faced by Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs)
Despite the formal end of colonial-era labels, DNT communities remain at the extreme periphery of India’s development narrative, facing a unique convergence of historical, legal, and social hurdles.
- Socio-Economic Marginalization & Asset Deficit:
- Generational Poverty: Structural exclusion has led to critical deficits in literacy, healthcare, and permanent housing, with almost no intergenerational wealth or land ownership.
- Documentary Invisibility: Their nomadic lifestyle results in a lack of permanent addresses, making it nearly impossible to acquire essential identity markers (Ration cards, Voter IDs, Caste certificates). This excludes them from the “paper-based” welfare state.
- The “Double Burden” of Social Stigma:
- Systemic Profiling: The “stigma of criminality” persists in the administrative psyche long after the 1952 repeal.
- Criminalization of Lifestyle: Traditional movements and occupations are frequently viewed with suspicion. This leads to targeted policing and frequent harassment under various Habitual Offenders Acts, which often function as a modern proxy for colonial-era surveillance.
- Intra-Category Competition & Invisibility:
- Dilution of Benefits: Most DNTs are fragmented across existing SC, ST, or OBC lists, which prevents a focused policy approach for their specific needs.
- The “Graded Inequality” Trap: Within these broad categories, DNTs cannot compete with politically organized and socially advanced groups. Consequently, their unique grievances are overshadowed by the dominant groups in the same reserved pool.
- Administrative and Legal Limbo:
- Non-Classification: Approximately 268 DNT communities are not included in any SC, ST, or OBC list. This lack of classification places them entirely outside the protection of Articles 15(4) and 16(4), leaving them without any constitutional or legislative safety net.
Government Initiatives: SEED Scheme
The Scheme for Economic Empowerment of DNTs (SEED), launched by the Ministry of Social Justice and Empowerment, provides integrated support in livelihood, education, housing, and health for DNT/NT/SNT communities.
- Financial Outlay & Mechanism: Allocated ₹200 crore (2020–25), the scheme operates through existing platforms such as NRLM, Free Coaching, IAY-linked housing programmes, and the National Health Authority.
- Problems with the SEED Scheme:
- DNT Certificate Requirement: A central condition for availing benefits is the issuance of a DNT certificate by State governments, which must be distinct yet not exclusive of SC/ST/OBC status.
- Certification Bottlenecks: In practice, only select districts in a few States issue DNT certificates, while many others delay or deny certification despite Central government advisories.
- Low Utilisation of Funds: Due to these administrative hurdles, actual expenditure has remained significantly below the allocated amount, limiting the scheme’s on-ground impact.
- Lack of a Single Nodal Authority: Implementation is fragmented across multiple agencies (NRLM, housing bodies, health authorities), with no dedicated nodal institution solely accountable for DNT-specific outcomes.
Way Forward: Strategic Policy and Governance Reforms
To transition from colonial-era suspicion to constitutional parity, the following streamlined reforms are essential for the holistic empowerment of DNTs:
- Data-Driven Governance via Census 2027
- Specific Identification: The Office of the Registrar General must implement a dedicated column or code for DNTs/NTs/SNTs to end statistical invisibility.
- Standardized Protocols: Develop clear guidelines for self-identification that account for nomadic movement, ensuring no sub-group is excluded during the enumeration process.
- Constitutional and Legislative Empowerment
- The “Distinct Schedule”: Enact a Constitutional Amendment to create a distinct Schedule for DNTs, as recommended by the Idate Commission, to provide a clear legal identity.
- Atrocity Prevention: Extend legal safeguards equivalent to the SC/ST (Prevention of Atrocities) Act to protect these communities from persistent social profiling and institutional harassment.
- Institutional and Administrative Strengthening
- Permanent Statutory Body: Establish a Permanent National Commission for DNTs with statutory powers to monitor welfare outcomes and investigate rights violations.
- Unified Certification: Centralize and digitize the DNT certification process to ensure uniform issuance across all States and UTs, removing current administrative bottlenecks.
- Optimizing Welfare Delivery (SEED Scheme)
- Direct Implementation: Re-orient the SEED scheme for direct execution by a specialized DNT Welfare Board to improve fund utilization and reduce inter-agency delays.
- Mobile Outreach: Deploy mobile enrollment units and digital records to ensure that education, health, and housing benefits “follow” nomadic families during migration.
Conclusion
The Denotified, Nomadic, and Semi-Nomadic Tribes remain “the most marginalized of the marginalized.” While the 2027 Census enumeration is a welcome step, it must be supported by a robust legal framework and a separate constitutional identity. Without these, these communities will continue to exist in the shadows of the Indian republic—statistically invisible and socially excluded.
