The Criminal Tribes Act of 1871

The story of colonization is a long and painful chapter etched in the heart of Indian History. A few of the laws from the British colonial period reveal the depth of discrimination. One of such laws was Criminal Tribes Act of 1871.

Passed under British rule in India, this law did not just criminalise individuals but entire communities. It branded them as criminals by birth and treated crime as something inherited, like the colour of one’s skin or eyes. While this chapter often hides in the shadows of history, the 1871 Criminal Tribes Act remains one of the darkest examples of how colonial power shaped social divisions that still echo in modern India.

The story of the Criminal Tribes Act 1871 begins in a time when the British were tightening their grip over India. After the Revolt of 1857, the colonial government grew suspicious of all those who lived outside its control, mainly nomadic and tribal groups. These people did not fit neatly into the British idea of a settled, tax-paying citizen. They moved from place to place, traded goods, entertained villages, or worked as hunters and healers. To the British, such freedom looked like rebellion.

To maintain control, the government introduced the British colonial law in India known as the Criminal Tribes Act. Enacted on October 12, 1871, it declared certain tribes and castes as “hereditary criminals.” Officials believed, wrongly, that criminality ran in their blood. This was justified using pseudoscientific theories that compared human societies to animal behaviour, claiming that some groups were “naturally” prone to crime.

The Criminal Tribes Act was both cruel and systematic. When a community was declared “criminal,” every adult male was required to register with the police, give fingerprints, and report to authorities regularly. They could not move freely without written permission. Many were forced to live in special settlements under constant surveillance. Families were separated, and children were often taken away to so-called reform homes that functioned like labour camps.

The following groups were labelled as “hereditary criminals” under the Act by the British:

By 1947, when India achieved independence, the Act had scarred over 13 million people across 127 communities, leaving behind a legacy of deep social discrimination.

The 1871 Criminal Tribes Act was controversial because it violated the foundational idea of justice. It punished the colonised Indians not for what they did but for who they were. Many Indian leaders and even some British officials criticised it. Jawaharlal Nehru called it a “negation of civil liberty,” pointing out that no one could be born a criminal.

Moreover, the Act gave unconditional and unregulated power to the British police. They could arrest anyone without a warrant or evidence. Reports from the time reveal shocking abuse: people beaten, families torn apart, and communities pushed to the edge of starvation. The law also reflected deep racial bias. It treated lower-caste Hindus, tribals, and nomadic groups as primitive or uncivilised, reinforcing the idea that British rule was not an imposition but a sincere attempt to civilise India.

When India became free in 1947, leaders viewed this Act as a symbol of colonial injustice. It clearly went against the principles of equality laid out in the Constitution of India. The law was repealed in 1949. By 1952, the government officially “denotified” these communities, meaning they were no longer considered criminal.

However, the story did not end there. In 1952, the new Habitual Offenders Act replaced the old law. While it focused on individuals with repeated criminal behaviour, in practice, many former “criminal tribes” remained under suspicion. They came to be known as Denotified and Nomadic Tribes (DNTs), and discrimination continued in new forms.

Even after repeal, the stigma of being a “born criminal” did not disappear. Many DNT communities were excluded from the Scheduled Caste, Scheduled Tribe, or Other Backward Class categories, leaving them without reservation benefits. Police harassment, false accusations, and social exclusion became everyday experiences.

Writers like Mahasweta Devi and activists across India have highlighted their struggles in their writings. A National Commission for DNTs, formed in 2008, confirmed that these communities still face barriers in education, employment, and housing.

The Criminal Tribes Act 1871 was not just a law; it was a tool of control. It showed how British rule in India used race, caste, and pseudoscience to divide people and maintain power. By branding whole communities as criminals, the British colonial law in India erased centuries of tradition, freedom, and dignity.

Today, its legacy reminds us that colonization was not only about taking land or wealth but also about shaping minds and identities. The social wounds it left behind, mistrust, discrimination, and stigma, still need healing.

Remembering the Criminal Tribes Act is essential, not to trigger old pain but to ensure that history does not repeat itself. It teaches us that true freedom is more than political independence; it is also freedom from prejudice, ignorance, and inherited shame.