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The Criminal Tribes Act 1871- The Devious Law that Turned Heroic Legends into "Born Criminals

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Specifications
Publisher: GARUDA PRAKASHAN PVT. LTD.
Author Nitya Tripathy
Language: English
Pages: 250
Cover: PAPERBACK
9.00x6.00 inch
Weight 250 gm
Edition: 2024
ISBN: 9798885751797
HCH594
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Book Description
Preface

While reading about the First War of Independence in India in 1857, 1 felt that there was a need to understand the events that followed the war in detail. As I read about the events that ensued after. I could not help but notice a number of Acts introduced by the British. The backgrounds of each of these Acts made me look at them as vindictive responses of the British to the various endeavours of the Indian people to regain complete freedom.

The Criminal Tribes Act of 1871 caught my attention it is shocking how a completely unreasonable, illogical and unjustifiable a legislation operated on such a large scale. It was even more surprising that the Act remained untouched for nearly five years after India became an independent country. When it did get repealed, it was "replaced by the Habitual Offenders Act. The social stigma that has been created due to these legislations against communities that were innocent and fought for our independence, has largely contributed to the ostracisation of these communities.

This book explains the mechanism by which the Criminal Tribes Act destroyed these communities, subjecting them to easy exploitation. The book also recounts the history of five of these communities, the Sansis, the Gujjars, the Bhils, the Pasis and the Poligars, and talks of the value and high sense of honour displayed by the legendary leaders from these communities.

Introduction

A brutal war with weapons can bleed a brave warrior but a single Acruel legislation can destroy his history, his spirit, and even his future unborn generations. This is the story of one such legislation and the damage it has been causing to the lives of the innocent and the brave.

The Criminal Tribes Act 1871 and its subsequent amendments declared around 200 tribes and castes as 'born criminals. It was to some extent a replay of the lack of logic, ridiculousness, foolishness, and unfairness that had been on display during the Salem Witch trials in Massachusetts. Similar to the trials when onlookers and judges sought to punish intelligent, courageous, independent, and self-respecting women by branding them as witches, the British crushed the wealthy, intellectual, courageous and self-respecting warrior groups by weaponizing the law using the Criminal Tribes Act 1871. Of the two, the declaration of Criminal Tribes was more devious, as it assigned the label of being 'criminal' by birth to some communities, tribes or castes, simply because they stood up to the British.

Punishing innocent extended family members, entire villages or communities and the later generations of the alleged criminals, is not something even the most primitive of societies would do. In Norse mythology, when the children of Loki, the Lord of Mischief were tortured for just being Loki's offspring, even that evokes sympathy.

Humans do understand the basic reasoning that a person must be judged based only on their deeds. Thus, it is extremely unfair and inhuman to label a criminal's children as criminal, some of whom are not even born, solely because their parent had committed a criminal act. One can therefore imagine the extent of the injustice and trauma that has been inflicted upon those children who are labelled criminals not because their parents committed any crime, but just upheld their honour against an invader. The Act (including its subsequent versions) was one of the most atrocious pieces of legislation in human history, crafted by the British. It empowered the local colonial governments to declare any tribe, caste, or group of people as a 'Criminal Tribe'. Members of such communities could be transported to any 'resettlement area', while their children could be legally snatched from them to be sent to 'reformation houses'. The members of such communities had to be registered with the police and their thumb impressions were to be recorded. Any movement of theirs had to be reported to the police, and in some cases, like with the Sarans of Bihar, all registered personnel were compelled to give hajri (show their presence) five to six times during the night.

Such powers of transportation to resettlement areas enabled the British to deprive these communities of their land and deny them access to many basic rights in their own forests. And their children were deemed criminal due to the sheer accident of their birth, denied their rights as their pa parents were. The list of such declared communities presents us with a shocking revelation-some of them were communities that gave birth to and nourished some of the greatest of our heroes.

Several tribes whose names dot the history of struggle for independence from the British, are also on the list, like the Bhils, the Gonds, the Poligars, the Pasis and the Gujjars. They were great warriors, worthy of recognition and honour.

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