2026 Paper 2

Q. Why was the category of ‘criminal tribe’ created by law during the colonial period in India? Discuss its implications.

UPSC Sociology 2026 Paper 2

Model Answer:

The Criminal Tribes Act (CTA), 1871 codified the colonial construct of hereditary crime, institutionalizing an epistemological fusion of European positivist criminology with caste-based occupational determinism to control non-sedentary communities.

Raison d’Être of the Colonial Classification

  • Colonial Sedentarism: British rule equated civilization and revenue extraction with settled agriculture; itinerant communities resisted fiscal extraction and spatial mapping (Nicholas Dirks).
  • Positivist Caste Essentialism: Administrators transposed biological theories of born criminals onto the Indian caste system, viewing criminality as an inborn, hereditary caste trade (Sanjay Nigam).
  • Ecological Dispossession: Forest Acts and the expansion of private property criminalized traditional hunting, pastoralism, and foraging, pushing displaced communities into survivalist offences (Meena Radhakrishna).
  • Security Paranoia: Following the 1857 uprising, mobile and wandering populations were viewed as unpredictable conduits for rebellion requiring stringent surveillance.

Sociological and Structural Implications

  • Institutionalized Surveillance: Mandated biometric tracking, spatial internment, and daily roll-calls that systematically dismantled community autonomy and civil liberties.
  • Coerced Penal Labor: Stigmatized tribes were funneled into forced, underpaid labor regimes in factories and canal colonies, often supervised by the Salvation Army.
  • The Living Legacy of DNTs: Though repealed in 1952, its replacement by Habitual Offenders Acts preserved structural police brutality, enduring social stigma, and institutional marginality for De-notified Tribes.

Decolonizing justice requires dismantling this historical trauma, transforming De-notified Tribes from perpetual administrative suspects into constitutionally empowered citizens.

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