Habitual Offender

Habitual Offender: Supreme Court of India recently questioned the validity of "habitual offender" laws, calling them "constitutionally suspect" and used to "target members of denotified tribes.“

• However, the Union Social Justice Ministry revealed that 14 States/UTs continue to operate such laws; some States are considering repealing them.
• About Habitual Offender: A habitual offender is an individual who consistently engages in criminal behavior over a prolonged period.
• Post-Independence: Repealed in 1952 after the Criminal Tribes Enquiry Committee Report (1949-50).

o States later enacted Habitual Offender Acts, ostensibly targeting individual behavior but disproportionately impacting DNTs.

• Key Reports:

o CTA Enquiry Report (1950): Recommended repeal of CTA and suggested legislation targeting habitual offenders without caste/creed distinction.

o Lokur Committee (1965): Continued to stereotype certain communities as having "anti-social heritage."

o Budhan Sabar Case (1998): Custodial death sparked national outrage and led to advocacy against habitual offender laws.

o UN Committee on Elimination of Racial Discrimination (2007): Called for the repeal of these laws.

o B.S. Renke Commission(2008): Highlighted adverse effects of these laws on DNT communities.

o Virginius Xaxa Committee (2014): Stressed the persistent criminality tag attached to DNTs due to habitual offender laws.

• Supreme Court Observations (2024): Criticized the use of habitual offender laws to target DNTs and urged State governments to review the necessity of these laws.
• NCRB Data (2022): 1.9% of India’s 1.29 lakh convict population classified as "habitual offenders.“ Delhi has the highest proportion at 21.5%.