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Justice Abhay S. Oka Advocates Against Criminal Tribes Act’s Lasting Legacy at Vimukta Divas Lecture

At the Annual Vimukta Divas lecture on September 22, 2024, organized by the Criminal Justice and Police Accountability Project (CPA Project) in association with LiveLaw, Justice Abhay S. Oka of the Supreme Court delivered a keynote address titled "Indian Constitution & Denotified Tribes." The event commemorated the 72nd anniversary of the repeal of the Criminal Tribes Act (CTA) of 1871, a law that branded several nomadic and semi-nomadic tribes as “hereditary criminals.”


Justice Oka emphasized the act's oppressive nature and its lingering impact on denotified tribes (Vimukta communities) despite its repeal on August 31, 1952. He expressed concern over the ongoing stigma, surveillance, and discrimination these communities face, even as modern police regulations continue to perpetuate elements of the repealed law through habitual offenders’ provisions.


Justice Oka underscored the unconstitutional legacy of the Criminal Tribes Act, which criminalized individuals without trial and denied them a dignified existence. He called for a renewed commitment to the ideals of equality, liberty, and fraternity embedded in the Indian Constitution, urging the younger generation to stand by these principles. Citing Dr. B.R. Ambedkar, he noted that the fight for the human dignity of these communities remains ongoing.


The Vimukta Diwas is celebrated every August 31 to mark the freedom of these communities from the CTA’s shadow. However, the systemic marginalization of Vimukta tribes persists through social and legal frameworks that continue to criminalize them.


The CPA Project’s advocacy for the denotified tribes reflects ongoing efforts to challenge the disproportionate targeting of oppressed caste communities in India.






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